How to avoid deprivation of the right to drive a car for child support debts?

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The very fact of debt formation and the accrual of a penalty is not always enough to force the payer to transfer what is due and pay the debt. But at the same time, it is often too early to demand that serious measures be taken, such as criminal prosecution. In such a situation, a temporary restriction on driving would be a good alternative. According to statistics, such a measure (provided that the payer has a car) helps to correct the situation very quickly.

Can a driver's license be revoked for non-payment of child support?

In 2020, for debts on alimony, the driver can be deprived of the right for an unlimited period, until the debt is repaid. This right is regulated by law 229-FZ (Article 67.1). It is believed that this is a “temporary limitation” and in fact it is, however, as we know, there is nothing more permanent than temporary. To regain your driving privileges, you will have to pay off the entire debt, which not all debtors can do.

There are also exceptions to the law. Not everyone can be deprived of their rights and not for any reason.

Suspension of use of a driver's license

Changes to the law expanded the powers of bailiffs, including the use of restrictive measures in case of non-payment of alimony. Now the bailiff deprives the debtor of the right to drive a personal car, moped, motorcycle, tricycle, quad bike, air and water transport.

Before issuing a decision to apply the restriction, the bailiff notifies the defaulter about this measure and gives time for voluntary repayment of the debt (five days). Thus, the alimony recipient has the opportunity to prevent restrictions on his rights to drive a car by paying off the debt.

The bailiff issues a decision to suspend the validity of the license if the following conditions are met:

There is a court decision (ruling, order) on the forced collection of alimony or debt. If there is another document (agreement) on the payment of alimony, such a restriction through the FSSP does not apply.
There is a deliberate evasion of the debtor from fulfilling obligations.
The amount of debt under one or more court orders (writs of execution) exceeds ten thousand rubles. In addition to alimony debt, this includes compensation for damage in criminal cases, outstanding fines for traffic violations, etc.
There are no circumstances preventing the application of such a measure.

The resolution is brought to the attention of the debtor, and the responsibility for violating the prohibition is explained to him. Copies of the document are transferred to the claimant and the state. to the authority that issued the license (State Traffic Safety Inspectorate), the driver's license - to the bailiff for safekeeping. You can pick it up only after the decision is canceled.

If the debtor did not respond to the warning and did not hand over the certificate to the bailiff for safekeeping, the restriction on the right to drive applies even though the driver’s license is actually in the hands of the child support provider.
If the ban on driving is ignored, the debtor faces correctional labor (50 hours) or deprivation of driving license through the court for a period of 12 months. If a traffic police officer checks the documents of such a driver and sees information about the current restriction in the traffic police database, the license will be confiscated. USEFUL INFORMATION: Application for initiation of enforcement proceedings for alimony, sample

Who can be deprived of their rights

Rights can be deprived for arrears of alimony only if they are assigned by a court order or decision. In addition, three more conditions must be met:

The defaulter must first initiate enforcement proceedings. Since this stage still needs to be completed when debt arises, there are usually no problems with it.
The alimony debt must exceed 10 thousand rubles. In addition, there should be no installment arrangements.
The bailiff is obliged to familiarize the debtor with the decision on deprivation of rights for a certain period of time. This is the most difficult stage, since first this defaulter must be found. Usually resolved through the traffic police. The police detain a vehicle belonging to the debtor and then familiarize him with the decision.

In order for there to be a real possibility of losing a driver’s license, all the specified conditions must be met without exception.

Who cannot be deprived of rights

Are everyone who fits the parameters described above deprived of the opportunity to drive a vehicle? No, that's not true. There are exceptions to the rule.

Rights will not be deprived:

If because of this a person cannot work and pay off that very debt.
Any of the above conditions are not met.
The defaulter is disabled and cannot travel in any other way than in a car.
The debtor and other persons with whom he lives use a vehicle to get to work, a store or other amenities of civilization. This is primarily relevant for people who live outside the populated area.

If the debtor lives in another city (not where the second parent and child are), the bailiff will be forced to send the decision to his colleagues, which can significantly complicate the task and delay its implementation for a long time.

Submission of an appeal by the recipient of payments

As already indicated, the recipient of the payments or the bailiff can initiate the procedure for limiting the rights of the alimony debtor to drive a car (other vehicle) (on his own initiative or at the request of the claimant). To do this, it is necessary to correctly draw up an appeal to the relevant department of the FSSP or to the court.

Application forms and applications can be found at the information stand in the court or territorial division of the bailiffs.

How to revoke the driver's license of a child support debtor

It is possible to deprive defaulters of their driving privileges in accordance with the above law, provided that all the conditions of such a decision are met. This can be done directly by the bailiff, the recipient of alimony, or the recipient’s representative. In the last two cases, they are required to appear at the structural unit of the executive service and submit a corresponding petition (see below).

Procedure

Confiscation of driving licenses at the initiative of bailiffs occurs extremely rarely. In this regard, it is recommended to deal with the issue yourself:

Personally visit the branch of the FSSP (Federal Bailiff Service). This can only be done on visiting days; this information should be clarified separately, since it differs in different departments. Alternatively, you can send a representative in your place, but only on the condition that he has the entire package of documents that allows him to act on behalf of the recipient of alimony.
Explain the essence of the problem and draw up a petition (see below).
10 days are given for consideration, after which the bailiff is obliged to take measures to fulfill the applicant’s requirements.

Petition

Procedure for suspending driving privileges

The right to drive can only be revoked if all procedural rules are strictly followed. So, after receiving the petition, the bailiff must:

Try to notify the unreliable payer. This can be done by any means, from a regular phone call to email.
After notification, the payer is obliged to repay the debt within 5 days and provide evidence of payments to the FSSP. A person must understand that if he does not do this, he will lose the right to drive a vehicle.
If the debt is not repaid, a driving ban order is issued.
The bailiff is obliged to familiarize the defaulter with the decision. To do this, he is called to the FSSP, and they personally come to his place of residence or work. If it is not possible to find the debtor in this way, traffic police officers step in, stop the car belonging to the defaulter and demand that he appear at the FSSP.

If a driver is banned, the defaulter’s driver’s license is not taken away, but he does not have the right to use it until he repays the debt in full.

Possible problems

In some cases, even after filing a petition, the defaulter can safely use the car. This may happen for the following reasons:

An official required to take action by law fails to act. In such a situation, you need to demand an explanation. Usually this is enough. If nothing changes, you should file a complaint with the head of the department.
The debtor cannot be detected/caught.

Option with agreement

It was said above that one of the mandatory conditions is the fact that alimony must be ordered by the court. However, those persons who have entered into an agreement with each other also have the right to demand a driving ban. Another thing is that in this case you first need to go to court with a statement of claim that the payer does not fulfill his obligations and therefore he should be deprived of the right to drive. After receiving a court decision, you should contact the bailiffs and continue to act according to the scheme described above.

Statement of claim

How can a child support debtor restore his driver's license?

The main condition for lifting the restriction on driving a vehicle is repaying the existing debt on payments and submitting an application to the FSSP.

See an example of a petition.

The bailiff must provide documentary evidence of payment. Such a document can be:

Bank statement , if a non-cash transfer was made to the recipient's account.
A receipt for the transfer of money in cash must be written by the recipient of the money personally in the presence of witnesses or certified by a notary.

Important! If the case is initiated by a bailiff, you must pay an additional 7% of the amount of the accumulated debt.

After depositing funds and documentary confirmation, the bailiff removes the restriction by issuing a decree on the issuance of rights. Two working days are allotted for this, including the day the documents are submitted. But in reality the issue is resolved within a few hours.

Information about the restoration of rights is entered into the database, and a copy of the resolution is sent to the traffic police. To avoid unnecessary disputes with inspectors, it is better to carry a copy of the resolution with you at first.

Example

Citizen M. was deprived of his driver's license by bailiffs for alimony debts in the amount of 65 thousand. He received a corresponding notice, but was in no hurry to repay the debt and continued to drive.

8 days after the deprivation, M. was stopped by employees for a routine check, as a result of which the car was sent to a parking lot. After this, the debtor quickly found funds and repaid the debt: he transferred 65 thousand to his ex-wife and paid 4,690 rubles (7% of the existing debt) to the state treasury.

Next, M. presented the bailiff with a check for the non-cash transfer and a receipt for payment of an additional fine, after which he received a decision to lift the restriction on his driver’s license. Then he went to the traffic police department, presented the received decision, as well as documents indicating that he is the owner of the car (registration certificate and insurance), after which he received the right to pick up the car.

Article on the topic: At what point does the period of deprivation begin, how long can you drive after, how to find out when it ends, when to pick it up, what are the minimum and maximum terms, where to pick it up + what will happen if you don’t give up your license

How to lift a driving ban

If a driving ban is imposed in violation of the rules, illegally or even erroneously, the driver has the right to contact the bailiff service and demand the cancellation of the order. To do this, of course, you need to provide evidence of a violation or error.

Example: The payer regularly transfers money, but the recipient has changed the account and does not receive it. At the same time, the recipient did not notify the payer about the change in account and believes that the first one stopped paying. In such a situation, the payer is obliged to provide evidence of the transfers and write a petition to cancel the ban order.

If, nevertheless, the ban was imposed correctly and there is no mistake, then the only way to cancel it is to completely repay the debt. When there are no more debts, the payer provides evidence of this fact and writes the petition presented above. Alternative option: demand cancellation of the petition for the reason that the vehicle is needed to travel to the city (for example, to go to work) or it itself is a means of earning money (relevant primarily for taxi drivers and other similar persons).

How to check your debt with bailiffs

Checking your debts is now as easy as possible. To do this, you need to visit the FSPP website.

You just need to enter your details and click on search. Information is displayed not only on alimony debts, but also on all other existing encumbrances. To keep the information up to date, you can subscribe to the newsletter. Then you will automatically receive a notification when your name appears in the database.

You can also appear in person at the territorial bailiff service and request information about your debt.

Penalty for violating the ban

If the driver decides to violate the driving ban, he risks getting even more problems. Possible penalties include:

Driver's license suspension for 1 year or less.
Mandatory work of 50 hours or less.

As a rule, the first such violation results in mandatory labor, and the repeated violation results in deprivation of rights. In this case, they are actually confiscated, so that in the future there will not even be a desire to circumvent the law.

How to avoid deprivation of rights for alimony

You can avoid deprivation of rights if:

The decision was made erroneously or not according to the rules.
A vehicle is vital for the payer.
The debt is already being repaid, but in installments, about which there is a corresponding document.

And such problems can be completely avoided only if alimony is paid in full in a timely manner, avoiding any delays and penalties.

Despite the theoretical possibility of punishing a defaulter with a ban on driving vehicles, in fact such a rule reaches its logical conclusion extremely rarely, since it is necessary to collect evidence and find the debtor. To make the task easier, we recommend seeking advice from experienced lawyers. They will help with the selection of documents, draw up petitions or statements of claim, and will even represent your interests in court, if necessary.

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Is it possible to remove the restriction on rights if the alimony debt is not fully repaid?

The fact that after paying all debts, it is possible to restore rights is understandable. But what if there is no way to pay the full amount, but you want to drive?

In this case, you can use some loopholes. For example, immediately after the decision is made, send a request for an installment plan or deferred payment. Naturally, in this case, you must provide evidence that you really do not have the ability to pay your bills, and are not trying to avoid responsibility.

You can also provide evidence to the court or bailiffs that this measure cannot be applied to you.

These methods are effective if a restriction has not yet been imposed on the document. But if the decision is made and the traffic police officers receive it, you will have to pay the bills in full.

The only way that can be used to return a document early is to reduce the amount of debt so that it is less than 10 thousand. This is possible if there are several writs of execution or other documentation (for example, receipts for fines). If paying part of them will make the amount of the debt less than the established amount, this may become a basis for lifting the restriction early.

But let’s be honest, for the bailiffs to intervene in the case, the alimony debt must significantly exceed the permissible threshold. Therefore, the likelihood that you will be able to return your rights without paying off the entire debt is extremely low.

Reducing the amount of debt to 10 thousand rubles. will be the basis for early lifting of restrictions on driving a vehicle

Example

Citizen K. was deprived of his driver's license by court for alimony debts in the amount of 87 thousand. Since he had recently lost his job and was looking for a new one, he applied for a deferred payment. As proof, he presented a copy of his work book with a notice of dismissal due to layoffs and a certificate from the Employment Center confirming that he was really trying to find a job.

As a result, the court delayed citizen K.’s payment of the debt until the start of employment (but for no more than 3 months) and established a payment schedule after receiving a source of income.