ID debt and ways to collect it. Debt on ID: features of repayment and consequences Debt on ID at bailiffs decoding

Many debtors shy away from fulfilling their financial obligations. Quite often this is due to the lack of financial opportunities, unwillingness or misunderstanding of what debt is. court documents. Definitely debts on alimony, loans, housing and communal services and other payments will have to be paid. A judicial ID can act as a guarantee of a refund.

Debt by ID decryption

Many are interested in the question of what is and how debt is deciphered by id. The ID is an executive document issued by a court or any other authorized body for the implementation of proceedings with the aim of forcibly fulfilling obligations. The amount of debt under the writ of execution is collected forcibly and without the consent of the debtor, who may not even understand what debts in enforcement proceedings are.

Such documents have several types, the main ones are:

• bailiff's order;
• performance list;
• an executive inscription of a lawyer on the recovery of the borrower's property values ​​in favor of the creditor under a special pledge agreement;
• notarized agreements regarding the payment of alimony;
• acts of authorized persons on administrative violations.

The id debt is repaid periodically, and the term of its payment is often tied to the receipt by the debtor of wages, scholarships, pensions, etc. The payment currency is the ruble.

What is the bailiff's id debt?

According to the current legislation, the creditor can independently recover the amount of the debt or its balance from the debtor. But the best way out of the situation is to refer this issue to the bailiffs, who take all measures to return the money. These measures include:

• a complete ban on leaving the country;
• arrest of bank accounts;
• compulsory alienation of property;
• withholding up to 50% of wages.

Arrest, as well as an inventory of the borrower's property, can only be carried out by a bailiff. The rest are not endowed with such an opportunity. At the same time, people should be extremely careful and careful with such cases and understand what a debt on writ of execution is. Today, there are often cases of fraud with non-existent debts. So, citizens who use or used landline phones know what a non-existent debt for using the services of Rostelecom is. As mentioned on many sites, the organization sold non-existent debts of the population to collectors, and they, in turn, tried to collect them by all means.

Debt on id how to pay?

Any certified lawyer will help you find out information about what an ID debt is and how to pay it off. Bailiffs have the right to initiate debt collection by writing off funds from accounts, selling property, equipment of the debtor, as well as any item of value. Also, an unreliable borrower can be deprived of a driver's license, without the ability to receive new documents. Such a measure is carried out if the debt is more than one thousand rubles.

Most often, such debt is paid in equal monthly installments over a certain period. Repayment of obligations is carried out in the following way:

• troubled borrower bailiffs receives notification of the need to pay an existing loan;
• the debtor has 5 days to figure out what a writ of execution is and to fulfill his obligations;
• if payment is not received, bailiffs learn about the solvency of a citizen by sending requests to the traffic police, banks and tax office;
• in case of detection of accounts or property, they must be seized;
• bailiffs make a forced recovery on the basis of a writ of execution.

Statute of limitations for debt by id?

The recoverer is obliged to provide the ID obtained in court within a period not exceeding three years after the entry into force of the decision. After the expiration of the specified period, it will be quite problematic to restore the validity of the document. Some problem debtors know what the statute of limitations for a debt is and when it ends, but in practice, most often, the document is valid until the debt is repaid in full. The Federal Service of the Joint Venture may refuse to open proceedings if the recoverer for execution transferred the document not to the bailiff, but to the collector, and he could not achieve the desired result within a year.

Suggested for review:

Borrowers who evade paying loan installments may sooner or later face bailiffs. That's when the question arises: what is an ID debt and when should it be repaid?

What does ID debt mean?

ID is an abbreviation (informal) of the phrase "executive document".

Executive documents, for example, are writ of execution, court orders, acts, etc. They notify that the debtor is obliged to forcibly repay the existing debt.

By law, enforcement functions for such documents are performed by bailiffs (FSSP service).

• Debts less than 25 thousand. According to Art. 9 of the Federal Law No. 229, if the amount of the debt does not exceed 25 thousand rubles, the recoverer (in our case, the bank) can send the writ of execution not to the FSSP, but directly to the debtor's employer. The ID can also be addressed to another organization that periodically transfers a pension, student scholarship or some other payments to the borrower;

• Over $25,000 in debt. If the amount of the debt is more than 25 thousand rubles, then the ID signed by the judge and certified by his official seal, together with the corresponding application, is transferred by the plaintiff to the bailiffs. Also, the court itself may send the writ of execution to the FSPP.

By general rule, ID can be presented to the bailiff service within 3 years from the entry into force of the court act (Article 21 of the Federal Law No. 229). And those executive documents for which periodic contributions are required are allowed to be presented during the entire period of time for which payments are awarded. And after that - for another 3 years.

ID at bailiffs: what's next?

After the ID has entered the FSSP service, it is transferred to the bailiff within a three-day period. He, in turn, no later than 3 days later, issues a decision to start enforcement proceedings or to refuse.

Debt repayment period

The instructions of the bailiff must be strictly followed by the debtor. But if the defendant, for some reason, believes that he does not owe anything to anyone, then he can appeal or challenge the decision in court.

According to the law, the deadline for voluntary fulfillment of the conditions specified in the resolution is 5 days after the borrower receives it.

If the debt is not repaid within a given period of time, then the decision is subject to execution within the time period specified in it.

What can be levied?

First of all, they fall under the distribution cash debtor (Article 69 of the Federal Law No. 229). These can be deposits, accounts and other valuables stored in credit organizations. First, they will pay attention to savings in rubles, if they are not enough - in foreign currency.

If there is little money in the accounts, then the bank transfers what is, and the remaining debt will be written off as funds become available.

When the borrower's account numbers are unknown, the bailiff sends credit institution order to search and arrest them.

If there were not enough funds to pay off the debt, then other property owned by the defendant will be recovered. If the property belongs to him by right common property, then the recovery applies only to his share.

Writing off funds from salaries, pensions, etc.

Often people are outraged that bailiffs write off funds from their earnings as a debt. According to the law (Article 98 of the Federal Law No. 229), the recovery of wages and similar income (pension, scholarship, etc.) can be levied in the following cases:

• the amount of recovery is not more than 10 thousand rubles;
• the ID indicates the requirement to pay periodic payments;
• the defendant has no money (or not enough to pay) and no other property.

Based on the foregoing, deductions from salaries to pay off credit debt are absolutely legal.

How much can be deducted from salary?

To pay off debt on a loan, no more than 50% (of the amount after taxes) can be withheld from the debtor's salary.

What income cannot be foreclosed on?

On the Web, you can often see the question: can they write off amounts on account of debt on a loan from child benefits, alimony, materiel, etc.? Not!

They do not have the right to touch payments (Article 101 of the Federal Law No. 229):

• on the loss of a breadwinner;
• for compensation for harm to health;
• compensation for the care of disabled citizens;
• alimony;
• compulsory social insurance;
• travel allowances, medicines, etc.;
• child benefits;
• compensation for vouchers to health and sanatorium institutions;
• burial allowance;
• compensation for travel to the place of treatment;
• mother capital;
• amounts received from the employer for a business trip, tool, in connection with the birth of a child, marriage, death of relatives;
• persons affected by man-made and radiation disasters;
• citizens who were injured in the line of duty (and family members in the event of their death);
• financial assistance in case of natural disasters, emergency situations, terrorist attacks, death of family members;
• humanitarian aid.

Quite often, on legal websites, as well as on portals used by government agencies, the phrase “ID debt” is used - it’s not always easy to understand what it is and where the debt came from.

In the article, we will figure out what “ID debt from bailiffs” means, how to find out what debt is being collected, what to do to get information from the bailiffs.

Definition of the term

The term "ID debt" has a fairly simple decoding. The abbreviation ID means "executive document". In fact, all the debts that are in the work of the FSSP (Federal Bailiff Service) are ID debts, because only on the basis of such documents do the bailiffs begin to enforce collection.

At the same time, there is no separate definition in the legislation executive document, but, obviously, this is a document issued on the basis of a decision of a judicial authority with brief information on the essence of the process and on the obligation of the debtor to the creditor (on the transfer of amounts, things, the performance of other duties).

ID types

In accordance with Art. 12 FZ-229 "On Enforcement Proceedings" there are the following main types of ID (the main types are defined in order to disclose the topics of the article):

• writ of execution (IL). They are issued both by the courts of general jurisdiction and arbitration courts based on the results of the consideration of the dispute and on the basis of the decisions made;
• court orders, these are decisions that are made as a result of simplified dispute resolution procedures and do not require a separate issuance of IL;
• notarized agreements on the transfer of alimony;
• acts of the Pension Fund of the Russian Federation and the Social Insurance Fund on the recovery of funds from a citizen;
• acts of control authorities (for example, tax authorities) on the collection of funds;
• rulings on administrative offenses.

Various situations

Understanding common phrases and questions

What is ID debt with bailiffs for alimony?

The answer is quite obvious: the citizen has an obligation to pay alimony: minor child(the most common situation), disabled spouse (recovered for maintenance, including former spouses), parents, other relatives. The creditor on it went to court, obtained a court decision and the issuance of a writ of execution (in this case, executive document), after which he presented it to the Bailiffs Service.

Debts on ID from bailiffs for alimony can be formed for previous periods?

In accordance with Art. 107 of the RF IC, under certain conditions, alimony can be collected not only from the moment of applying to the court, but also for the previous three years. In addition, if alimony is not paid, even in the absence of income, bailiffs will calculate the debt for the entire period of non-payment. According to Art. 102 of the Law "On Enforcement Proceedings", if alimony is assigned to a minor child as a percentage of earnings, in his absence and the absence of other documented income, the debt is determined by the outcome of average salary across the Russian Federation.

Determination of the source of debt

The debtor, like the recoverer, has the right to get acquainted with the materials on his case (enforcement proceedings) in accordance with Art. 50 FZ-229, which regulates the basis of compulsory collection. What other situations and questions arise in the process of interaction with bailiffs.

How to understand where the debt comes from?

To do this, it is necessary to refer to the executive document itself and the court decision on the basis of which it was issued. All these documents can be requested from the bailiffs, they are in enforcement proceedings. You can find information, including on alimony, by last name and date of birth on the official website of the FSSP, where the bank is located enforcement proceedings. The table will indicate the amount, details of the executive document and the subject of recovery. Although alimony and other debts may be indicated as “ID debt”, according to other data (the name of the court that issued the writ of execution, the date of its issue), it can be understood what kind of debt is meant.

What is a performance fee?

Upon receipt of a document by the Service, the bailiff is obliged to initiate proceedings on it (enforcement proceedings - IP) to give time to the debtor for its voluntary execution (5 days from the date of receipt of the decision to initiate an IP). If within this period the requirements set forth in the document are not fulfilled, an additional fee is charged to the amount of the debt, not less than 7% of the amount (but not less than 1000 for an individual and 10,000 for a legal entity). This is a kind of payment for the work of bailiffs on compulsory collection.

Conclusion

On the resources of government agencies and the FSSP, the term "ID debt" is indicated if the debt arose to a private person, and not to government agency or fund.

Information about the subject of collection can be found when visiting the bailiffs and getting acquainted with the materials of the ID. Although reviews about the work of bailiffs are quite negative, it is quite simple to make the bureaucratic machine work for yourself in this case. It is enough to make a request for familiarization with the materials of the ID in writing and submit it through the office. In case of refusal or a long consideration of the application (the maximum consideration period is 10 days under Article 64.1 of the Federal Law-229), you can write a complaint to the senior bailiff.

Debts can be formed due to non-payment of alimony, loans, loans, rent. If the debtor refuses to make contact with the recoverer, the case is sent to the judicial authority. If the defendant loses it, the creditor receives a writ of execution (ID). This is the paper on the basis of which the enforcement is made.

In the presence of an ID, the consent of the debtor is not required to receive funds. If he does not cover the obligations voluntarily, they are forcibly withdrawn. For this, bailiffs have many opportunities. That is, the ID debt is the debt that can be collected by force.

ID features

An executive document can be issued by the following authorities:

• Arbitration court;
• arbitration tribunal;
• Courts of general jurisdiction.

A document is issued on the basis of the following papers:

• World agreements;
• Conclusions of foreign judicial bodies;
• Judicial acts.

The ID comes into force only when there is a relevant court decision. To obtain a document, you need to visit the judicial authority in which the case was pending. You need to take two papers with you:

• Application made in the proper form;
• Final Judgment.

The ID is issued within two weeks.

Debt collection based on ID

The executive document opens up some opportunities for the creditor to receive funds. With it, you can send requests to check the solvency of the debtor to the following authorities:

• banking institutions;
• pension funds;
• Place of work;
• Tax services.

The easiest option for the lender is to send an ID or. If the debtor has accounts, the writ of execution allows writing off from them in the amount of the amount owed. The consent of the defendant, however, is not required. Write-offs can also be made from salaries and pensions.

The work of sending requests should be carried out by bailiffs. However, this instance is overloaded, and therefore the lender is recommended to carry out the verification on their own. How to collect a debt under a writ of execution.

Speed ​​in the issue of contacting banking institutions is extremely important. After all, while the bailiffs find the accounts, the debtor can withdraw funds from them.

What measures await the debtor after the entry into force of the ID?

ID debt has a special repayment procedure. Before the entry into force of the decision of the judicial authority, the debtor could pay off preferential terms received as a result of negotiations with the creditor. Another option is to make payments to collectors to whom the obligations were sold.

If there was an appeal to the court, as a result of which an ID was obtained, there is a different procedure. Both creditors and bailiffs can work on this sheet. If it is transferred to the bailiff service, the process of enforcement proceedings begins:

1. The debtor receives a notification about the existence of a debt and the need to pay it. This means that he is given the opportunity to pay for obligations within 5 days from the time the letter was received;
2. If payment has not been received, requests for the borrower's solvency are sent to the traffic police, tax office, banking institutions;
3. If accounts or property are found, they are seized;
4. On the basis of an executive document, it is possible to produce forced collections from bank accounts, salaries.

ID debt has a special repayment procedure.

Among the sanctions that can be imposed on the debtor, one can note the invalidation of a driver's license. However, this measure is relevant only if the amount of obligations is more than a thousand rubles.

The procedure for determining the amount of obligations

The amount of obligations is not only the “body” of the debt, but also additional costs. Among them are:

• The costs of the creditor for the court case;
• Government duty;
• Fines and penalties, if any.

The debtor's total expenses include all of these components. The ID is valid for three years.

The time limits are calculated from the moment the decision of the judicial authority entered into force. If the ID has become invalid due to the statute of limitations, it can be restored, but this procedure will take a lot of time. To do this, you need to contact the judicial institution in which the case was considered. The creditor must provide a list of good reasons why he could not transfer the sheet to the relevant specialists.

If the sheet was not presented to the bailiff service within three years, the document ceases to be valid, and the creditor loses the opportunity to receive his funds.

ID debt promises a lot of trouble for the debtor, as funds are likely to be collected. For this, bailiffs have many opportunities. If the debtor manages to hide his property and income, the bailiffs have the right to seize the apartment in which he lives. This measure comes with some restrictions. Therefore, it is recommended to meet the court and pay your obligations.

Citizens periodically have to deal with such an unpleasant phenomenon as debt. This may be due to fines, alimony, etc. The reasons for not paying certain amounts may be different. However, the main thing here is that the party who is owed has the right to take actions to receive the money. The procedure after judicial research is accompanied by a special document. In the article, we will consider the question: what is ID debt?

How to decipher the abbreviation? ID simple decryption. it executive document. ID has several forms of execution, there is no single form in its case. Cast this document may perform:

• acts on administrative violations with the application of penalties;
• writ of execution (they are drawn up upon the entry into force of the decision or arbitration court, or court of general jurisdiction (district));
• executive notarial inscriptions;
• notarized agreements on the payment of alimony;
• decisions of the Bailiff Service;
• court orders issued by justices of the peace.

This list is not complete. The legislation provides for many different options, but in our article we should pay attention to the ID.

How is collection organized?

If it is very easy to lend money, then sometimes it is possible to return it only using special procedures. In the case of a pledge, everything is resolved, as a rule, quite quickly, because. in this case, an executive notarial inscription is sufficient. All other circumstances require an appeal to the court.

Basic Information

When trial passed, after 10 days, the creditor receives from the world court court order or from district court- performance list.

Note 1. The debtor is given a copy of the court decision: then he can either appeal it, or voluntarily pay the debt. You have 10 days to appeal.

If the amount of debt is less than 25,000 rubles, the claimant has the right to personally submit the ID to the accounting department at the place of employment of the defendant or to Pension Fund Russia, if the latter is already retired. Then the creditor will be transferred every month to a personal or current account part of the debt until it is fully covered.

If the amount of the debt is more than 25,000 rubles, it must be collected through the Federal Bailiff Service. With such a course of events, the ID debt appears.

Practical nuances

What does ID debt look like in practice? When the document is transferred to the SSP, it is transferred to the bailiff within three days. Further, at the same time (three days), either it begins, or it is denied - if the borrower died, and the creditor did not know about this when transferring the papers to the justice of the peace. From the moment the ID is issued, the bailiff has 2 months to start the procedure for returning money, which the debtor is obliged to give to the lender.

Important! Debt may be collected in installments. The main thing in this matter is the initiation of the process of its return.

The work of the bailiff begins with the search for sources of profit or property suitable for circulation in favor of the creditor. For this purpose, a request is sent to Rosreestr, tax, traffic police and financial institutions about the debtor's possession of any property (including real estate). It also turns out where the citizen works. The request is also made to the Pension Fund.

For all property, for all accounts that are identified during the verification process, . IDs are sent to work and to the FIU so that part of the salary and pensions are withheld from the subject.

Note 2. If the defendant does not have permanent employment, the bailiff visits his place of residence. This is done to assess the property that can be sold to cover the debt.

How is the amount calculated?

Based on the results of calculating the amount prescribed in the ID, you can find that the borrower is obliged to return not only himself, but also:

• state duty for court costs;
• the plaintiff's expenses for the execution of the statement of claim;
• penalties and interest, provided that they were provided for in this agreement.

The entire amount of the executive document in full in most situations must be recovered. There can be only one exception here: the borrower proves the fact of his bankruptcy.

What are the sources of payments and restrictions?

All activities of bailiffs, of course, are regulated by applicable law. Only at will, he cannot form sources of debt coverage by the borrower. All this is determined by the court, and the decision of the instance already dictates to the bailiff the search for sources of profit.

Example 1 The court ruled that the debt would be settled through monthly payments, then the search is limited to such profitable sources as wage, scholarship, . In other words, we are not talking, for example, about the seizure of property and its subsequent sale. If the debtor starts to evade loan coverage, a scenario with the initiation of a criminal case becomes possible - based on the borrower's avoidance of fulfilling the requirements of the ID.

Example 2 The court ruled that the debt must be repaid in a single payment, then the bailiff can use any income sources that are provided for by law. These can be: salary, scholarship, pension, payments for securities money received from the rental of housing, royalties, etc.

If the above funds are not available or they are simply not enough, property seizure is applied.

Russian Federation states that the following cannot be converted into creditor's income:

• things for home and personal use;
• cash, if their amount does not exceed the subsistence level;
• living space, provided that there are no other premises suitable for living (an exception here is mortgage debt);
• land on which residential property is located;
• disabled vehicles;
• any food;
• seeds stored for future sowing (but not for sale);
• fuel used for space heating.

Note 3. All sorts of commemorative signs, prizes, state awards also cannot be sold in favor of the creditor.

The amount of collections from sources of income cannot be more than 50% of the monthly amount. However, if the debt was formed for alimony, deductions can already be 70%.

Which income items are not subject to foreclosure?

Article 101 federal law dated October 02, 2007 No. 229-FZ “On Enforcement Proceedings”, the following payments are not subject to collection:

• alimony;
• compensation for damage to health;
• humanitarian aid;
• child benefits;
• compensation in connection with the loss of a breadwinner, as well as for the care of citizens with the status of disabled;
• compensation for travel (including to the place of treatment), medicines, as well as vouchers to health and spa facilities;
• material assistance in case of natural disasters, emergency situations, terrorist acts and death of family members;
• maternal capital;
• compulsory insurance;
• social benefit for burial;
• amounts provided by the employer for a business trip, tool, in connection with the birth of a child, marriage, death of relatives.

Payments are also inviolable:

• persons who have suffered from man-made and radiation disasters;
• citizens who were injured in the line of duty, as well as in the event of their death - to family members.

Just in case, you need to know this list.

statute of limitations

According to the ID, which is with the bailiffs, there is no statute of limitations. In any case, the debt will be collected.

Another thing is if there is no way to recover funds at the current moment. Then the bailiffs close the case, and the writ of execution is returned to the plaintiff.

Here (as in the case of the primary court decision) there is a three-year statute of limitations. If the applicant does not submit documents to the bailiffs during this time, they will lose their power. It is then possible to restore the papers only if there are valid reasons established by law.

Collection procedure by ID

Collection algorithm after opening an enforcement case:

• the borrower receives a notice of repayment of the debt;
• within five days from the date of receipt of the notification, the debtor is obliged to either cover the loan or apply to the court to declare himself bankrupt;
• if there is no payment, the performer starts looking for movable and real estate, bank accounts and income sources (two months are allotted for this);
• property and accounts are arrested upon their discovery;
• the property seized is confiscated and sold, and the proceeds are used to pay off the debt.

The notice must be handed over to the borrower against his signature. Without this, further actions of bailiffs are impossible.

Debtor's actions

With the opening of enforcement proceedings, the debtor has not only obligations, but also rights.

A liability is the payment of a debt.

Rights are like this:

• require consideration of the case in the presence of the parties, if the decision was made by a justice of the peace;
• ask for a deferment in the presence of temporary financial difficulties;
• file a bankruptcy petition (if the money problem is chronic).

When selling property that has been seized, situations may arise that can only be resolved in court. This is possible when:

• the price of sold objects, things is underestimated;
• objects and things protected by law from such a procedure are arrested;
• property price more than the amount debts;
• the things sold do not belong to the property of the borrower.

These processes do not cancel the court decision, but only postpone the moment of its execution.

Is there a debt - how to find out?

Often citizens, unfortunately, simply do not know that they are already debtors for ID. This state of affairs is often encountered, for example, when it comes to photographic fixation of traffic violations.

Notifications do not always get to the addressee or get, but not the time. The traffic police, on the next day after the deadline for paying the fine, transmits the protocol Federal Service bailiffs. The problem is often discovered by a citizen when trying to travel abroad.

In order to exclude such troubles, one should systematically check the existence of active enforcement proceedings against oneself and family members. How can I do that? Or in the bailiff's office, or on the website of the structure fssprus.ru.

The online platform provides all the information about open production.

Procedure:

A form will appear in front of you. In it, you need to mark the item “Search individuals” and specify:

If executed correctly, either an inscription indicating the absence of results, or a table with open enforcement proceedings will appear on the screen.

How is repayment done?

It is not the creditor who needs to pay the debt, but the bailiffs. There are several ways to do this:

• in cash in the official's office;
• by transfer via mail to the FSSP;
• using the payment terminal;
• on the FSSP website or mobile application this structure.

The last item on the list implies that a commission is charged, and therefore the amount should be paid taking into account this moment.