Certificate of alimony debt from bailiffs: how to obtain in 2020, sample

Alexander (11/12/2014 at 11:00:07)

According to the Family Code of the Russian Federation, the Federal Law “On Enforcement Proceedings,” such a certificate is taken from the bailiff department where you previously applied with a writ of execution (court order) for the forced execution of a judicial act to collect alimony.

The procedure and grounds for deprivation are specified in Art. 69-70 RF IC..

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they:

evade fulfilling the duties of parents, including in case of malicious evasion of paying alimony (here AS STRONG EVIDENCE MEANS bringing the alimony provider to criminal liability under Article 157 of the Criminal Code of the Russian Federation);

refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational institution, social welfare institution or similar organizations;

abuse their parental rights;

children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;

are patients with chronic alcoholism or drug addiction;

committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).

2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.

3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.

4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.

5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth.

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Application for calculation of alimony debt

Sample application for calculation of alimony debt, taking into account the latest changes in the legislation of the Russian Federation.

Having arrears in alimony payments is a very common situation today. Debt may arise due to the fact that alimony was not paid at all. It is also possible that alimony was paid, but at some point the transfer stopped because the debtor lost his job or source of income.

In order to control the situation with the payment of alimony, it is necessary to contact the department of the Federal Bailiff Service of Russia with a corresponding application (sample attached) at the place of execution of the court order or other writ of execution.

The documents provided by the bailiff on the basis of this application (Decree on determining the debt and calculation of alimony arrears) are most often required to apply to the judicial authorities for issuing a decision to collect the accumulated debt. It is necessary to understand that the documents provided by the bailiff are not binding for the court, but they can become a starting point in future legal proceedings.

There are no strict rules for writing this application. It is written in free form, according to traditional office work standards.

Such a statement is based on the provisions of Article 50 of the Federal Law “On Enforcement Proceedings”, according to which the claimant has the right to familiarize himself with the materials of the enforcement proceedings. Therefore, the bailiff has no right to refuse to provide such information to the applicant.

The period for providing documents by the bailiff must be at least 1 month. As for documents, the claimant must remember that all decisions made by the bailiff during enforcement proceedings are formalized in the form of a resolution. However, the calculation of the debt can be indicated either in the resolution itself or transmitted in the form of a separate document.

To the head of the department of the Federal Bailiff Service of Russia ___________________________ (name)

by _________________________ (specify region, address)

Senior bailiff

from_________________________ (full name address)

on calculating arrears of alimony

In the proceedings of the bailiff ________________ (name) of the department for ________________________ (specify region) ___________________ (full name of the bailiff) there is enforcement proceedings No. ____________,

initiated by “___” “_______” 20__, on the basis of ______________________________ (indicate the details of the writ of execution), for the recovery of alimony in my favor for the maintenance of a minor child in the amount of _______________ (indicate the amount or part of the salary).

Lawyer's answers to questions about obtaining a debt certificate

Is it possible to obtain a certificate of debt if used? sheet revoked?

It is possible to obtain a certificate. The revocation of the writ of execution from the bailiffs does not relieve the parent liable for child support from financial obligations to the minor child. At the same time, the debt does not grow, but is not written off either.

What to do if the bailiff does not issue a certificate?

The applicant has the right to file a complaint about improper performance of work by an FSSP official to the following bodies:

the head of the service department;
the prosecutor's office;
Judicial authority.

Can an employer issue a certificate of alimony arrears?
The employer who provides income to the defaulter has the right to provide information on the procedure for paying alimony in favor of the claimant. To do this, you need to contact the accounting department at the debtor’s place of employment.

A certificate of the status of the debt cannot be obtained if there is no writ of execution defining the financial obligations of the defaulter.

When does debt accumulate?

Child support must be paid to the parent who lives separately from the child or who does not voluntarily participate in his financial support. However, if you miss a regular payment or fail to repay it on time, a debt will arise. It accumulates and increases until the obligated person begins to extinguish it.

The formation of debt threatens the debtor with a number of negative consequences:

debt collection in court;
collection of penalties;
restriction of driving rights;
problems with traveling abroad, etc.

That is why all transfers should be made on time, and it is undesirable to allow delays and non-payments. This harms not only the child, who does not receive the necessary funds, but also the debtor himself.

To repay the debt, the payer can check it with the bailiff who is involved in the specific case. To do this, you can simply contact to obtain the relevant information or order a certificate about the presence or absence of debt.

Features of drawing up an application

There are no uniform established standards for drawing up an application, nor are there any templates. The main requirement is to fill in the empty columns by hand and have the following data in the text:

Full name of the FSSP unit and its address.
Passport details of spouses. Such as full name, date of birth of each, place of residence. In cases where the debtor himself acts as the applicant, there is no need to enter the details of the collector.
Full information about the writ of execution, indicating the date of the court verdict.
If there is an agreement on the voluntary payment of alimony, then it is indicated when it was concluded.
How the penalties were to be carried out (as a percentage or a fixed monetary amount).
When was the last payment made?
For how long have no alimony payments been made?
Please pay any outstanding debt.
List of all attached documents.
Date of writing and signature.

If the application is found to be missing at least one of the listed points, this may provoke a refusal to accept the application.

Why do you need a certificate of no debt and where to get it?

A certificate of alimony arrears may be needed by both the recipient and the payer to confirm the presence or absence of arrears in payments. The first may need this to determine the amount of debt that needs to be collected in court. In addition, the court must confirm the very fact of the existence of unpaid amounts.

For the payer, such a paper can confirm the fact of payment of the alimony debt, if it has indeed been repaid.

You can obtain paper about unpaid funds as alimony payments from bailiffs. It must contain:

FULL NAME. payer;
court decision and date of determination of the obligation to pay alimony;
stamp of the service that issued the certificate;
the amount of debt or an indication of its absence, etc.

To obtain a certificate, you must draw up a written application for extradition and submit it to the bailiff who is handling the case. Moreover, the application should be submitted in 2 copies, one of which remains with the bailiff, and the second with a mark of acceptance for the applicant.

How much does it cost to obtain a child support certificate?

The issuance of this reporting document is free of charge. If money is demanded from the applicant, then you need to seek an official refusal to issue a certificate and file a complaint on its basis.

The exception is requests to an individual entrepreneur for whom the payer works (or he himself is an individual entrepreneur) and who does not have accounting departments, but orders such services from an audit office.
In this case, the issuance of the certificate will be paid, because the law does not oblige the individual entrepreneur to cover these expenses from his own pocket. The amount may vary depending on the prices of the specific accountant from whom the individual entrepreneur orders the preparation of reporting documents. Facebook

Sample certificate

Typically, a document confirming the presence of unpaid funds is filled out by the bailiff himself according to a standard template. This allows for a single document form to be followed for all applicants. A sample certificate looks like this:

Certificate of absence of alimony arrears

Place of issue________ Payer________

_______(full name) on the basis of court decision No.________ dated _______. undertakes to pay alimony in the amount of __________ rubles. monthly for the maintenance of ____________ (full name of the child) to __________ (full name of the recipient).

This certificate confirms the presence (absence) of arrears in alimony _________ (full name of the payer) for the period from _______. until ______

_____(authorized person) (stamp of the issuing organization)

Thus, the presence or absence of debt on alimony payments can be confirmed with a special certificate. It is issued by the bailiff service. It may be needed in various situations by both the payer and the recipient of funds for the maintenance of a minor child.

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Certificate of non-receipt of alimony: where to get it, sample application in 2020

A certificate of non-receipt of alimony is a document confirming a violation of the law on the part of the payer and the absence of alimony payments for a certain period.
Its presence is necessary when filing a claim in court, receiving benefits or other preferences through social protection authorities. Below we will consider which structures are involved in issuing the certificate, where to issue it, and in what time frame the work is completed.

Structure

A certificate of absence of alimony payments confirms the fact of debt on the part of the payer. It is drawn up in writing according to a special template. The document includes the following information:

Name of the authority that issued the document.
Full name of the payer, recipient and person in respect of whom alimony is paid.
Circumstances. This indicates the period from which the debtor does not pay the obligations and the amount of the debt.
Number of enforcement proceedings.
Details of the authorized person: full name, position and signature.
Seal.
Contact phone number.

The paper is valid if the basic details and signature of the applicant are present.

When is it necessary to receive it?

A certificate of non-receipt of alimony is written evidence of the fact of debt and non-fulfillment of obligations by the payer. Its registration is necessary in the following cases:

Classifying a family as poor to improve living conditions.
Debt collection through a judicial authority.
Applying for a reduction in alimony payments.
Registration of child benefits.
Filing a lawsuit to deprive the defaulter of parental rights.
Receiving additional benefits and child benefits.

How to make an application?

An application for debt settlement can be written in free form, indicating the following information:

name of the BSC department;
information about the applicant (full name, address, contact telephone number);
information about the alimony payer (full name, address, contact phone number);
title of the document – Application for arrears of alimony;
data on enforcement proceedings (grounds for opening a case, date, amount and procedure for payment of alimony);
date of last alimony payment
the period for which the calculation must be made;
request for debt settlement;
list of applications;
date of application;
signature.

When is a child support certificate not issued?

There are a number of cases when this document cannot be obtained. The certificate will not be issued:

An unemployed person who has no official income;
Not registered for unemployment;
For voluntary alimony payments without drawing up a formal agreement between the parties.

In general, a certificate of alimony will not be issued when there is no documentary evidence of income, payments and the amount of these payments.

Therefore, it is important to make all payments officially, keeping documents. Payment receipts protect the payer from possible dishonest actions of the recipient, and also allow both parties to the alimony relationship to receive subsidies and benefits.

Procedure for the bailiff upon receipt of an application

To learn how a bailiff should act when receiving an application and in what order alimony is calculated, read the article “How alimony arrears are calculated.”

The debt calculation is formalized in the form of a bailiff's resolution, which indicates the period for which the debt is calculated, the amount of income, and the amount of the debt.

This document is the basis for going to court and collecting the resulting alimony debt. After the court makes the appropriate decision and receives the writ of execution, you can return to the bailiff and demand collection of the debt.

You can learn more about the procedure for collecting alimony and alimony debt through the bailiff service in the article “Alimony and the bailiff service.”

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors.
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Where can I get a certificate?

There are three ways to get help:

Directly at the FSSP department;
Through MFC;
Through the government services portal.

Let's look at each of them in more detail.

Receipt from the bailiff

To receive a document from the bailiff, you must appear at the FSSP unit at the reception time and write an application for its issuance.

You need to have an identification document with you, since since the end of 2020, the FSSP has had a pass regime and a visitor will not be allowed into the bailiff department without a passport.

In the header of the application, you must indicate the name of the department where the application is being submitted, and in the text itself, write a request for the issuance of a certificate.

The application must be written in two copies, one remains in the office, the second with the applicant.

This is necessary to avoid losing your request.

There is one caveat when submitting an application.

If you specify an organization (that is, the bailiff department) as its addressee, it will be considered in accordance with the Federal Law “On the Procedure for Considering Citizens’ Appeals” within a month.

And if the recipient is a specific FSSP official (for example, a bailiff who is conducting your proceedings), the review will be regulated by Article 61.1 of Federal Law 229 “On Enforcement Proceedings” and its period will be only ten working days.

There are two ways to obtain a completed certificate:

by mail;
personally at the bailiff.

If you want to pick up the certificate in person, it is better to write about this in the text of the application. Otherwise, it may be sent by letter. You should also indicate in your appeal not your registered address, but the place where you actually live. This will help the bailiff send the document where it is needed and guarantee its receipt.

Through MFC

A certificate from bailiffs about non-payment of alimony and other certificates from any departments and organizations can be obtained from the MFC.

To do this, you need to come there and write an application. Sample applications are issued on site by the center's staff. To visit, you will need a passport.

ATTENTION: The processing time for your request will be thirty days. During this time, MFC employees will send a request to the bailiff to issue a certificate.

When it is completed, they will contact the applicant. Usually the readiness of documents is announced by sending an SMS message. They pick up the paper at the MFC branch where they applied for it.

Through government services

How to obtain a certificate of non-receipt of alimony through government services?

IMPORTANT: We immediately draw the reader’s attention to the fact that through government services you can only obtain a certificate of the progress of enforcement proceedings.

However, it will indicate the amount of alimony debt, the period of non-payment, and all other necessary information.

Therefore, in most cases it is suitable for social security authorities.

In order to request a certificate through the government services portal, you will first need to register on it.

When the registration procedure is completed and the account is confirmed, you can proceed to ordering a certificate. To do this you need:

Go to the government services website and log in;
Go to the “services” section;
Select the item “security and law and order”, in it – “judicial debt”, and then – “providing information on the progress of enforcement proceedings”;
Click “get service” and fill out the electronic form;
Click the “send” button.

There is no need to go anywhere to get a ready-made document.

Within seventeen days, a certificate signed with an electronic signature will be sent to your personal government services account. All that remains is to print it.

How to write a statement of claim for collection of alimony debt

The occurrence of alimony arrears is unpleasant for both the recipient and the payer. The recipient does not have the funds he expected, and the payer’s debt grows not only due to monthly payments, but also due to fines. In a situation where the defendant deliberately evades paying alimony, this may end disastrously for him.

DOWNLOAD a sample statement of claim for collection of arrears of alimony.

Who can request and receive the document?

A certificate of alimony payment is essentially information about the progress of enforcement proceedings.

Such information can only be requested and received by the parties to enforcement proceedings.

These include: the debtor, the collector, and their proxies.

Law enforcement agencies and some other departments (for example, social protection or guardianship authorities) also have access to information about the payment of funds for child support.

You may be interested in the following information:

Conditions for collecting alimony debt

Debt can arise for various reasons. Some people purposefully do not pay, hoping to challenge the court’s decision; others believe that their debts will be “forgiven”, since there is a statute of limitations on alimony. And some people simply underpay slightly, believing that the shortage will not be noticed.

If the payer refuses to pay alimony or does not pay enough, the recipient has the right to go to court to collect the debt. There are several options here:

If there was no previous court decision or agreement and the payer did not pay voluntarily, then the debt can be collected from him only for the last 3 years. For example, four years have passed since the divorce, and only after this time the woman applied for alimony. She has the right to receive alimony only for the 3 years preceding the filing of the claim.
If there was no previous court decision or agreement, and the payer paid alimony on a voluntary basis, then alimony can only be recovered for the period when there was no payment. For example, over the last 2-3 months. The calculation of debt is determined either as a flat amount or as a share of income.
If there was previously a court decision or the parties entered into an agreement, but the payer never paid, or at some stage stopped making payments, then the entire debt for this period can be recovered from him. And it doesn’t matter how long it was. For example, you can collect alimony for both two months and 17 years. However, it is important that the primary executive documents are preserved and there is confirmation that the payer has read them.

Request to bailiffs for alimony

The corresponding register is generated using the OSB PC.

For completed and unfinished (if there is a debt) enforcement proceedings for the collection of alimony, an audit of the accounting departments of organizations (enterprises) is carried out at least once a year on the initiative of the bailiff.

At the same time, the bailiff must necessarily check the correctness of the withholding and transfer of funds according to the writ of execution upon the application or complaint of the claimant or in the event of failure by the accounting department of the organization (enterprise) to provide information at the request of the bailiff sent to the organization simultaneously with a copy of the writ of execution. document and a resolution on foreclosure of wages and other income of the debtor. Enforcement actions provided for in paragraph.

What to do after receiving a court decision

After the court decides to satisfy the plaintiff’s demands, he receives enforcement documents - a writ of execution, a copy of the court decision or an extract from the court order.

With one of these documents, you need to go back to the bailiff service at the payer’s place of residence or work, and they will begin their work.

In addition, you can send the sheet directly to the enterprise where the defendant works. Then the accounting department made deductions for it.

So, the algorithm of actions for debt formation is as follows:

Contacting the bailiff service to calculate the penalty (if there have been no previous requests for alimony, but the step is skipped).
Filing a claim in the magistrate's court.
Waiting for a court decision.
After receiving the enforcement documents, send the papers with a covering letter to the bailiffs or the payer’s employer.

How do bailiffs collect alimony?

According to the law, after reaching the age of majority, a child has the right to independently file for the recovery of alimony from a father or mother living separately from the family within 3 years. After this, the right to receive various payments ceases.

Collection of alimony payments for the past period and collection of alimony debt are different concepts. The debt is always formed through the fault of the payer, then he is obliged to pay the entire amount that has accumulated during the period until he made payments, as well as interest (0.5% for each day of delay from the total amount of the debt).

But it happens that the recipient is in no hurry to submit the writ of execution to the bailiff service.

Penalty for alimony and liability for evasion of alimony

According to the provisions of the Family Code, the penalty for alimony is calculated based on the amount of 0.5% of the fine for each day of delay. This amount is transferred to the disposal of the recipient.

The exact amount of the penalty is determined by the bailiffs. It is not recommended to independently calculate the amount of debt: it is easy to make a mistake, and on the basis of this mistake the defendant has the right to appeal the court’s decision.

In addition, bailiffs are authorized to impose administrative fines on the payer for non-payment of alimony, which are transferred to the regional budget.

A parent raising a child alone can apply for benefits for him. If he presents a certificate from the bailiffs that the second parent does not help financially, then the amount of his benefit will be increased by 1.5 times. Subsequently, this amount will be added to the total debt of the payer.

In case of prolonged evasion of payment of alimony, the bailiffs may apply the following sanctions to the defaulter:

Seizure of bank accounts, “freezing” the transfer of funds to his accounts.
Seizure and sale of movable and immovable property.
Ban on traveling abroad.
Administrative liability in the form of fines.
Criminal liability in the form of arrest, forced and compulsory labor.
Imprisonment for failure to comply with a court decision.

Rules for submitting an application and actions of executors upon receipt of it

The petition is formed in a free style, i.e. there are no established templates in the legislation.

However, the citizen needs to provide information:

name of the FSSP unit;
information about the applicant – personal form, date and year of birth, residential address;
No. of the executive act;
an indication, if any, of a peaceful agreement on the transfer of alimony;
make a note about the chosen method of deduction of funds, i.e. percentage, in kind or flat amount;
information about the last payment and the period during which the money was not received into the account of the collecting party;
list of attached papers;
date and signature.

Only interested persons, including the defaulter, can apply for a certificate. In this case, information about the parent with whom the children live is not indicated.

Certificate from bailiffs about alimony for social protection - sample.

Production and validity period

After receiving a written request, the bailiff is obliged to consider the application and provide an official response within 10 working days. As a rule, the production of a document is carried out on the basis of a previously issued decision. The text should reflect information about the amount of debt and the period of non-payment of alimony.

New rules, sources and amount of alimony withholding.

The certificate is issued for the past period of time - often this period is 3-6 months. It is noteworthy that the document is unlimited, so information about payments must be current and reliable. In a number of situations, a citizen may need to re-issue the paper, then the bailiff will carry out a new calculation and indicate a different period of arrears. The debtor, for his part, has the right to pay off the resulting arrears at any time, thereby canceling the validity of the certificate.

The procedure for obtaining a certificate if proceedings have not been initiated

The main problem in obtaining a certificate is in a situation where the parent living with the child has not previously applied to the judicial authorities. As a rule, this occurs when a peace agreement is signed for the provision of material assistance by the father or mother.

In this case, the bailiffs will not have information about the existence of debt - the recipient of financial support must:

Submit a written petition to the executive authorities for the assignment of alimony for the maintenance of a minor or an application for the issuance of an order.
Obtain documents from the office of the institution.
Submit the papers to the federal bailiff service.

What to do if FSSP employees do not issue a certificate

Refusal to issue a certificate of non-receipt of alimony may have various reasons. If the applicant does not have a personal identification document, then you need to contact the judicial department for a duplicate. After this, the request is resubmitted with an executive act attached.

As a rule, the period for producing paper does not exceed 5 working days, but if bailiffs shirk their duties or delay issuance, then you should complain:

addressed to the head of the FSSP unit;
to the prosecutor's office;
file a claim in court.

Often, an appeal to a senior bailiff brings the long-awaited effect - a certificate is prepared within 24 hours. Therefore, the matter rarely comes to proceedings before the supervisory authorities.

Exemption from payment of alimony debts

The law clearly stipulates cases when the payer is exempt from paying alimony debts and accruing penalties on them, as well as all other unpleasant consequences. Basically, these are force majeure circumstances:

The presence of one of the parties in the territory of a natural or man-made disaster.
The location of the party on the territory of hostilities.
The party is in territory controlled by militants or is being held hostage by terrorists.
Other force majeure circumstances.

All force majeure circumstances are listed in Article 401 of the Civil Code of Russia.

Debt is not accrued if it was formed through the fault of third parties. For example, if the accountant did not transfer payments, then he is to blame, not the payer. If an official is guilty - a court employee, a bailiff who did not open enforcement proceedings, a bank employee who sent the transfer to the wrong place, an accountant, and so on, administrative or criminal penalties will be applied to him for negligence.

The following circumstances do not provide grounds for exemption from paying alimony:

Acquiring disability.
Temporary or permanent disability.
Dismissal.
Failure to pay transfer fees, resulting in insufficient alimony payments.
Retirement.
Bankruptcy.
Acquisition of other alimony obligations.
Taking out loans.
Payments under other enforcement documents, for example, compensation for moral damage to a certain person by court decision or payment of a fine for drunk driving.

In these circumstances, if the financial situation worsens or the social situation changes, it is necessary to file a lawsuit to change the amount or form of calculation of alimony, but in no case should you stop paying it.

If you have any questions, please contact our legal consultant

What to do in case of refusal?

There are often cases in which the bailiff does not issue a certificate.

Most often this happens when he has too many documents to work with.

If you are not given a document, you first need to call the FSSP and find out why this is happening.

Often the issue can be resolved amicably. If this cannot be done, the only way out is a complaint. You can complain:

Head of the FSSP department;
Head of the FSSP Department;
to the prosecutor's office.

The most effective way is to appeal through the prosecutor's office. The fact is that for violation of the deadlines and procedure for considering appeals and applications of citizens, liability is provided under Article 5.59 of the Code of Administrative Offenses of the Russian Federation.

It is the prosecutors who identify such violations. The threat of being brought to administrative responsibility will force FSSP employees to issue a certificate as soon as possible.

Fines for late applications are quite large - from 5,000 to 10,000 rubles.

If you need a document confirming the payment of alimony in your favor, it is not at all difficult to obtain it.

This can be done without leaving home through the public services Internet portal.

The paper can also be issued at the FSSP or MFC department.

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Initiation of enforcement proceedings

The first thing you need to do to begin the procedure for collecting alimony is to submit a writ of execution for execution. To do this, you will need to prepare an application to the Federal Bailiff Service and attach to it a copy of the court decision to collect alimony and the original writ of execution. It is also advisable to attach bank details for transferring alimony (or simply indicate them in the application) and documents with information about the debtor, for example, a copy of his passport with registration, documents about his property, work activity and others that may be useful for the bailiff to search the debtor and his property.

Application for acceptance of a writ of execution for execution

The application should be submitted to the territorial department of bailiffs at the place of residence of the alimony payer.

According to the law, the writ of execution for alimony, after being received by the bailiff department, is immediately transferred to the bailiff. Within 24 hours from the date of receipt of the application, a decision must be made to initiate enforcement proceedings.

If there is a debt under the writ of execution, bailiffs must begin carrying out enforcement actions no later than the next working day after the initiation of enforcement proceedings.

Resolution on initiation of enforcement proceedings

The resolution to initiate enforcement proceedings is sent to the debtor no later than the day following the day of its issuance. Within a day of receiving it, he must transfer alimony.

This can be done in several ways, all of which will be listed in the resolution. Typically, debtors use a transfer to the bank details of the bailiff department (listed at the end of the resolution), online payment on the website of the Federal Bailiff Service of the Russian Federation or on the website of the State Services.

If the debtor does not fulfill the requirements within the prescribed period, he will be charged an additional enforcement fee in the amount of 7% of the debt amount and not less than 1,000 rubles.

Debtors for alimony should keep in mind that after receiving the decree, they must contact the bailiff department at the address indicated in the decree. If alimony was paid directly to the claimant, it is required to provide the bailiff with copies of payment documents.

It is also required to provide information about property, the right to drive vehicles, place of residence, work, study, salary, pension, and bank accounts. If necessary, the bailiff may request this information from the competent authorities.

Cover of enforcement proceedings

The bailiff has the full right to enter the debtor’s residential premises without his consent (with the written permission of the senior bailiff). (Federal Law dated October 2, 2007 N 229-FZ (as amended on July 31, 2020) “On Enforcement Proceedings.” Article 64. )

As a rule, such visits to debtors are carried out by bailiffs several times a week. In this case, an act of execution of enforcement actions is drawn up and photographs can be taken. All materials are placed in enforcement proceedings.

Why do you need a certificate from the bailiffs about non-payment of alimony?

The payment of alimony is the responsibility of the parents, which is provided for by the law of the Russian Federation. The maintenance and upbringing of a child lies on the shoulders of the parents until he reaches adulthood. This obligation is not removed from the parents if they do not live together or have started another family.

Alimony, in turn, can be paid on a voluntary basis or compulsorily by court decision. The amount of payments depends on the income of the payer.

Conducting debt recalculation

Bailiffs are required to provide, in addition to information about existing debts, also certificates of their recalculation. To obtain such actions, you should write a statement similar in content to that described above.

The only difference will be in the operative, or as it is also called the “petitive” part of the document. When it comes to recalculation, this is precisely the requirement that is displayed. Re-calculation must be carried out during annual refinancing.

The bailiff does not have the authority to refuse to accept the applicant's request. If this happens, then you need to know that it is illegal and can be appealed. The text of the certificate must necessarily contain the following information:

What is the official name of the locality in which the FSSP unit is located.
Last name, first name and patronymic of the official who is responsible for enforcement proceedings.
Passport details of each party.
The amount of alimony determined by a court decision.
Writ of execution data.
How long have payments not been made and how large the debt has reached.
Monthly list of unpaid alimony payments.
Number of writing, serial number of the certificate, signature of the originator, seal.

How to get a writ of execution for alimony

To obtain a writ of execution, you must write a corresponding application and submit it to the court office. You can immediately check with the assistant judge when the document will be produced, whether it is possible to receive it on the day the decision is announced, or whether you must arrive on a certain date and time.

Application for issuance of a writ of execution

According to Article 428 of the Code of Civil Procedure of the Russian Federation, a writ of execution for the collection of alimony for minor children is issued immediately after the adoption of a court decision. The form of the writ of execution has been approved by the Government of the Russian Federation.

Writ of execution for alimony
If alimony was collected without calling the parties to court, in the order of writ proceedings, then a court order can be obtained in court within 5 days after filing an application for the issuance of a court order.

A court order is also an executive document and is subject to immediate execution.

Next, the writ of execution can be submitted for execution to the Federal Bailiff Service or at the debtor’s place of work. We recommend using the second option in cases where the debtor has been working for a large company with its own legal department for a long time. In other cases, it is better to submit the document to the FSSP of the Russian Federation.

The writ of execution document can be presented to the bailiff service during the entire period for which alimony is assigned and for 3 years after the end of this period.