Application for arrears of alimony: sample 2020

Article 80 of the Family Code determines that parents are obliged to participate in the maintenance (financially support) of their children at least until they reach adulthood. Art. 99 of the RF IC established that the provision of alimony by one of the parents can be carried out on the basis of a written agreement between the recipient (his representative) and the alimony provider. Article 106 of the RF IC determined that alimony can also be collected by court decision. If, in the presence of alimony obligations established by agreement or court order, the debtor does not make payments, the other party can recover the funds due to it through the FSSP. But first you need to find out how to draw up a sample application to the bailiffs about arrears of alimony, how the funds will be collected and where to submit the application.

Rules for filing and content of a claim

Article 131 of the Code of Civil Procedure of the Russian Federation determines that the application submitted to the court must contain the following information :

Name and address of the court.
Profile and contact details of the plaintiff, as well as his representative (if available).
The same information regarding the defendant.
A description of the events that caused the debt to arise, a description of attempts to resolve the dispute pre-trial. Indication of the exact amount of debt.
Description of the rights of the plaintiff that were violated by the actions of the defendant.
A link to evidence confirming all the facts stated in the claim.
Regulatory and legal substantiation of the claims.
The cost of the claim, its justification and calculation.
List of documents that are attached.

Package of documents required for consideration of the case

Along with the claim to the magistrate's court, you must provide copies of the following documents:

identification of the plaintiff;
children's birth certificates;
certificates of conclusion and dissolution of a family union;
a previous court decision establishing obligations to pay alimony.

The following must be submitted in originals:

a certificate about the family composition of the parties to the process;
a certificate of the defendant’s income or property belonging to him;
bailiff's orders that were not fulfilled by the debtor;
calculation of alimony debt.

Collection of penalties

A penalty for late payment of alimony is one of the types of penalties that can be applied to the debtor. The possibility of collecting a penalty is a kind of incentive for the full and timely execution of a court decision by the alimony-obliged person.

The procedure for calculating and collecting penalties is set out in Art. 115 of the Family Code of Russia. If alimony is collected based on a court decision. then the amount of the penalty will be 0.1% of the debt amount for each overdue day. The alimony agreement may specify a different amount.

The recipient of the funds must independently calculate the amount of the penalty.

Example. If the monthly amount of alimony is 6,000 rubles, then the calculation of penalties for 5 months of delay in 2020 is calculated as follows:

May: 6000 × 0.001 × 31 = 186 rub. June: (6000 + 6000) × 0.001 × 30 = 360 rub. July: (6000+6000+6000) × 0.001 × 31 = 558 rub. August: 6000 × 4 × 0.001 × 31 = 744 rub. September: 6000 × 5 × 0.001 × 30 = 900 rub.

Total: 186 + 360 + 558 + 744 + 900 = 2748 rubles - the amount of the penalty for 5 months.

The trial is conducted on the adversarial principle, which allows both participants to express their own point of view and support it with evidence.

Having recognized the plaintiff’s claims as justified, the court makes a procedural decision, and the writ of execution issued on its basis is subject to being sent to the bailiff service.

When the payer evades alimony, pays it late or not in full, the debt gradually accumulates. To find out its size, you need to write an application for calculating arrears of alimony. As a result, it will be possible to recover not only money for past periods, but also a penalty.

All types of applications to bailiffs for the collection of alimony. Official information

Article 80 of the RF IC establishes the obligation of parents to financially support their children. In this case, it has no legal significance - mom and dad are divorced, or live in a happy marriage. If one parent leaves and the family breaks up, the child has the right to receive child support. In fact, this is done for him by his legal representative, that is, the parent with whom the minor lives.

Deadline for writing an application to the bailiff

Forced collection of alimony through the Bailiff Service is initiated immediately upon the decision of the judicial authority, as well as after.

If the mother of a minor does not collect alimony, the child after 18 years of age (the age of majority) has the right to independently apply for financial assistance.

The bailiff, having received a writ of execution and accepted the case regarding non-payment of alimony obligations, gives the debtor a period of 5 days to pay off the resulting debt.

Application example

In the header of the application, in the upper left corner, it is indicated where it is being sent, as well as on behalf of whom (citizen, citizen). The title of the document is written in the middle of the paper.

First, the first two sentences state the number of the court order or the court decision. After this, a request is written to the court, which is based on only one thing: initiating enforcement proceedings and taking measures to confiscate alimony from the violator.

Next, there are lists of applications. The application is signed by the interested person.

How to write an application to bailiffs for the collection of alimony

The application is written by hand or typed. It should not contradict the rules of the Russian language.

The applicant, for the sake of his own interests, must assist the bailiff. It is expressed in providing the latter with the necessary information. It may relate to the debtor’s place of work, his position, etc.

Sample application for alimony collection

Sample application to bailiffs for the collection of alimony

What additional papers need to be submitted? Required documents

The application is always accompanied by a list of:

decision of the judicial authority (copy);
originals of the executive document;
document confirming the opening of a bank account, details;
applicant's passport (copy);
debtor's passport (if a copy exists);
copies of papers on the debtor's property;
documents showing the debtor's property status.

Collection procedure and consequences

An application from a citizen, in which he asks to initiate enforcement proceedings, is considered by the head of the unit of the Bailiff Service. After its consideration, it is sent to the work of a specific employee.

The period for transferring the case to the bailiff is 3 days. The debtor is notified that proceedings have been initiated against him. Notification occurs by sending him a notice by mail, or during a personal meeting between the bailiff and the debtor.

If the person against whom enforcement proceedings have been initiated refuses to fulfill his obligations voluntarily, the stage of compulsory collection begins.

The bailiff works by sending requests with the task of determining the current financial and property situation of the debtor, identifying his place of work, the fact of receiving a pension benefit, and other benefits from the state.

If the bailiff receives information about where the debtor works, a court decision is sent to collect money from the debtor for each month. The court report is sent to the accounting department of the enterprise.

IMPORTANT: the responsibility to report where the debtor works, what position he holds, and also how much he receives lies with the debtor. But he can hide his financial and property status from officials: only in this case the bailiffs collect the information they need through requests.

After the bailiffs receive funds from the debtor, they are transferred to a special account. It's called deposit. The money is transferred from it to the bank account specified in the application or by transfer via mail to the plaintiff.

Application for calculation of alimony debt

What are the functions of bailiffs?

bailiffs ensure the order of the courts;
in enforcement proceedings – provide assistance in the execution of acts of the judicial authority and officials;
enforcement measures are applied.

what responsibilities do the services perform?

Within the framework of its powers, the bailiff service ensures constitutional order in the Russian Federation, in particular, compliance with the provisions of the fundamental law of the country, as well as the provisions of other laws.

powers of the FSSP

The FSSP in the mechanism of the state acts as an executive body of power. The state body ensures the established order in the activities of courts, execution of court decisions, law enforcement functions of control and supervision in the established field of activity.

How is child support debt calculated?

Expert opinion

Mikhailov Vladislav Igorevich

Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.

The amount of monthly payments is established on the basis of an alimony agreement or a court decision. It can be fixed (Article 83 of the RF IC) or in shares of income (Art. 81 of the RF IC).

Article 83 of the RF IC - Collection of alimony for minor children in a fixed amount of money

In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income fully or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.
The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.
If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed sum of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

If a parent deliberately avoids fulfilling his duties, a penalty may be charged for the amount of the debt. When an alimony agreement is concluded between spouses, the penalty is determined in accordance with it.

If there is no agreement or there is no clause on penalties, the penalty is calculated in accordance with Art. 115 of the RF IC at a rate of 0.1% of the total debt for each day of delay.

The court appoints it based on the circumstances of the case.

Procedure and results

The procedure for holding a court hearing must comply with the civil procedural requirements of the law:

Checking the arrival of the parties to the meeting. If one of the parties is absent, the meeting is postponed to another date.
Announcement of the composition of the court.
Disclosure of the rights of all participants in the process.
Reading the claim. After this, the court asks the defendant whether he agrees with the plaintiff’s demands. If the answer is affirmative, the court completes its consideration of the issue and makes a decision in accordance with the plaintiff’s requirements. If the defendant does not agree, the case is considered further.
Explanations of the parties regarding the subject of the conflict.
Studying documents by the court, calling witnesses.
Debate – the parties take turns voicing their position.
The court makes a decision to satisfy or deny the claim.

5 days after the end of the trial, you can receive a document with a decision. Within 30 days from the date of the decision, the party who disagrees with the court’s verdict has the right to appeal to a higher court.

For what period can it be collected?

An application for alimony can be submitted at any time as long as the person’s right to receive it remains. However, when it comes to debt collection, things are a little more complicated. The period during which the right to receive alimony for the past time is retained is specified in Art. 113 RF IC. There are several situations:

Enforcement proceedings have not been opened, and the recipient of alimony has not made any attempts to call on the payer to fulfill his obligations. Or the claimant voluntarily revoked the writ of execution. In this case, alimony will be assigned from the date of application to the court.
You can recover money for no more than three previous years. But for this you will need evidence that the claimant made attempts to obtain alimony from the debtor, but they were unsuccessful (Article 107 of the RF IC). To confirm his words, the recipient can use the testimony of witnesses and correspondence with his ex-spouse. You can receive alimony for the previous period after the child turns 18 years old, but no later than 21 years old. Then the right to demand repayment of financial debt will be lost completely. In this case, we are talking only about alimony for the past period; no penalties are imposed on the payer.
Enforcement proceedings exist, but the payer evades payments, hides income and location, etc. In this case, alimony will be collected in full for the entire period. A penalty may also be charged on the amount of the debt.
The payer was able to prove that the debt arose due to circumstances beyond his control. For example, he lost all his property in a fire. In this case, the court may exempt him from paying the debt. Another reason is that the claimant changed his place of residence and did not notify him about it, which is why the money did not reach its destination. Good reasons also include the fault of third parties. For example, an accounting employee who failed to complete a money transfer on time. Then the amount of debt will be withheld from the guilty person. Also, the amount of debt can be reduced for good reasons: illness, the appearance of other dependents, loss of work, etc. (Article 114 of the RF IC).

Article 114 of the RF IC - Exemption from payment of arrears of alimony and (or) arrears of penalties for late payment of alimony

Exemption from payment of arrears of alimony and (or) arrears of penalties for late payment of alimony or reduction of arrears of alimony and (or) arrears of penalties for untimely payment of alimony when paying alimony by agreement of the parties is possible by mutual agreement of the parties, except in cases payment of child support for minor children.
The court has the right, upon the claim of a person obligated to pay alimony, to release him in full or in part from payment of arrears of alimony and (or) arrears of penalties for late payment of alimony, if it establishes that non-payment of alimony and (or) penalties for late payment of alimony took place in connection with the illness of this person or for other valid reasons and his financial and family situation does not make it possible to pay off the resulting alimony arrears and (or) arrears to pay a penalty for late payment of alimony.

How to make an application

You can check your debt without contacting bailiffs, on the FSSP website or the State Services portal. However, in some cases a written document is required. For example, when going to court.

The rules for filing an application are regulated in Art. 50 Federal Law “On Enforcement Proceedings”.

You need to contact the bailiff handling the case. This must be done after several months (at least three) have passed since the last payment.

When enforcement proceedings are not opened, the documents are transferred to the head of the bailiff service. He will select an employee who will deal with the case and transfer the materials to him.

The application must show:

in the upper right corner fill out the “header” of the document. Here indicate the name of the bailiff service and the applicant’s details: full name, address, contact phone number;
in the center they write the name of the document: “Application for calculation of alimony debt”;
Next comes the content part. Here they write the date of initiation of enforcement proceedings and the document on the basis of which it was opened. Indicate your full name. all persons involved in the process: the payer, the recipient, the bailiff in charge of the case, and the minor for whom alimony is paid. Next, they report the date when the money was last received and the amount of payment. They also indicate the reason why the receipt of payments stopped, and the need to determine the amount of the resulting debt is indicated;
the final part is a request to calculate the alimony debt and the period for which this is required;
then the applicant lists the list of documents attached to the application, puts a date and signature.

It is advisable to prepare the application in two identical copies. One is handed over to the bailiff service, the second is marked with acceptance and returned to the submitter. If the applicant cannot personally come to the bailiff department, the document can be submitted through:

Representative by proxy. At the same time, it is important to register the application in the office (reception) in order to record the fact of its acceptance by the state body;
Postal services, sending all papers by registered mail with acknowledgment of receipt of the letter.

Application to the bailiff: order of the filing process and execution process

After submitting the documentation to the FSSP department, a bailiff for office work is appointed within 3 days. He prepares 3 copies of the resolution, which are sent to the plaintiff, defendant and the judicial authority.

After this, the defendant is given 5 days to voluntarily fulfill his obligations. If this does not happen, then bailiffs begin the procedure to seize the debtor’s accounts and cards and take an inventory of his property.

If more than 3 days have passed since the document was submitted, and enforcement proceedings have not yet begun, then the applicant should contact the senior bailiff with a complaint about the inaction of the subordinate.

It is important to know! The plaintiff has 3 years to initiate proceedings under the IL. The exception is alimony payments. In this case, the enforcement documentation can be submitted to the FSSP department before the child reaches adulthood and 3 years after, in order to collect the debt.

Rules for drawing up a statement of claim

The information that must be contained in the application form for opening enforcement proceedings for debt repayment is regulated by the Federal Law of the Russian Federation “On Enforcement Proceedings”. Its correct preparation can significantly speed up the process of searching for and collecting money from the debtor.

This is important to know: Collection of alimony for spousal support for up to 3 years: judicial practice

A sample application to bailiffs for a writ of execution must be written on a standard A4 sheet and contain:

a header with the name of the FSSP department, full name, address and contact information of the applicant and debtor;
the body of the application with a request to accept the court decision for record keeping. You will need to indicate its details, the amount of funds that must be collected from the debtor, detailing the amount of the debt itself and the accrued penalties;
the most detailed information about the debtor that is known to the applicant: telephone numbers used, addresses on social networks, bank accounts, address of residence, stay, etc.;
list of documentation attached to the application: IL, its copy, copy of the claimant’s civil passport and other documents related to the case;
Next, it is necessary to reflect the applicant’s demand to collect a debt in a certain amount from the defendant, indicating the account details where the funds must be transferred.

Attention! In the text of the document, the collector can display a request to apply restrictions against the debtor that prohibit leaving the country, seize accounts and property, and imply the suspension of a driver’s license.

If the petition is drawn up to withhold alimony payments for the maintenance of minors, then information about them (full name, date of birth) will be required in the text of the document.

Sample application to the bailiff service for a writ of execution

An application for sending a writ of execution to bailiffs can be drawn up according to the sample below.

Application form for opening proceedings for debt collection

To receive alimony

To support minor children, a parent has the right to demand monetary payments from the other party from the salary in court. Further, after receiving the IL, the alimony recipient can submit the documentation to the FSSP department to ensure payments. The bailiffs will open proceedings to collect child support and will monitor the order of its transfer. To begin paperwork, you need to write an application using the following sample.

Form for collecting alimony payments

In most situations, the necessary documentation is sent to the employer of the alimony provider to remove the debt from the salary after it has been accrued. If the debtor believes that the required amounts exceed the needs of the children, then he can appeal the court's decision.

Another possibility of reducing the allowance for children is to send a corresponding request to the bailiffs. But if the alimony recipient takes the initiative to reduce payments, then he will be required to provide a written explanation of this action outlining the degree of participation of the alimony recipient in raising the children.

If the alimony payer has accumulated a debt, then to calculate it, the following sample petition should be submitted to the bailiff service.

To open office proceedings against an individual

In the case where a court decision was made in favor of one individual to collect a debt from another individual, a request to begin paperwork according to the following sample must be submitted to the FSSP.

Sample petition from an individual.

Waiver

There are situations when the claimant needs to revoke the document on initiating the enforcement process. For example, when a mother, who is raising and maintaining a minor, agreed with her ex-husband and the child’s father regarding financial support on a voluntary basis. The law allows this to be done at any stage of the process.

To cancel a penalty, you will need to prepare an application. The principle of its preparation is similar to a request to open enforcement proceedings. After submitting the application you will receive:

stopping production on IL;
lifting restrictions imposed by bailiffs: seizure of property, suspension of driver’s licenses, etc.;
the paid state duty will not be returned, since it is paid for the initiation of enforcement proceedings, which was carried out earlier.

Attention! Bailiffs never restrict the claimant's right to revoke the IL. Upon appropriate request, all enforcement documentation will be returned to the claimant.

Legislators have identified the following reasons for terminating office work:

death of the payer;
lack of funds and property to pay off debt;
lack of opportunity to find the debtor.

Complaint against the bailiff

If the applicant is dissatisfied with the actions of the bailiff due to his inaction, adoption of illegal, unreasonable methods, then it is possible to file a complaint with higher authorities in the department. A sample of it can be found below.

Complaint against the bailiff

This complaint will be the basis for control measures by higher-ranking officials. Based on the results of the inspection, the bailiff will be replaced, starting from the simple removal of the previous one until his dismissal from service (depending on the severity of his actions).

Consideration of the application

13 days are allotted for consideration. The bailiff, based on the assigned alimony, calculates the amount of the debt.

When calculating, the basis is the amount (share of income) specified in the court decision or voluntary agreement. If alimony is assigned as a share of income, but for the past period there is no information about the official earnings of the debtor, the average salary in the country is taken for calculation (Art.

102 Federal Law No. 229). The income from which deduction occurs is listed in Government Decree No. 841.

To determine the debt for alimony assigned in a fixed amount, data on the cost of living for the required period are used. The result is formalized in the form of a resolution on the calculation of debt.

In the resolution the bailiff states:

the basis for making calculations (application of the recipient or payer of alimony);
information about the parties;
calculation method;
total debt amount.

Usually the document is used to go to court. The recipient of alimony may collect a penalty or ask for other sanctions to be applied to the violator, for example, arrest.

Expert opinion

Mikhailov Vladislav Igorevich

Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.

The payer can challenge the amount of the debt or the accrued penalty. In addition, he may ask to change the method of calculating alimony.

For example, he had no income and alimony was calculated based on the average earnings in the country. The debtor may ask to replace the share settlement with a fixed amount.

Legal consequences of late payment of alimony

If the debtor does not transfer money on time or in full for the maintenance of his children, coercive measures and restrictions may be applied to him, provided for by Russian law. Thus, he may be prohibited from traveling abroad or given criminal penalties.

In addition, the bailiff has the right to seize property belonging to the debtor, including funds in bank deposits and accounts.

Otherwise, the citizen will be denied government support measures due to the assumption that his income (together with the alimony due) exceeds the minimum rates entitling him to receive money from the budget.

Concept and purpose

The reasons for arrears in alimony payments vary. They can be intentional or caused by objective reasons: loss of a job, serious illness, etc. Regardless of the reasons, the alimony payer must understand that he is violating the law and the court decision, which ordered him to pay maintenance for the children after a divorce.

The recipient of alimony has the right to write a statement of claim to the court stating that payments have stopped and a debt has arisen if the problem could not be resolved without the intervention of the court.

The plaintiff must substantiate his claims against the payer. To do this, it is necessary to attach to the application documents confirming the truth of his claims and the competence of the demands to collect the debt from the alimony provider.

Additional Information

The alimony payer also has the right to submit an application for calculation of alimony arrears. Most often, this is done if the debtor doubts the correctness of the calculation of the debt for alimony payments and wants to make sure that the bailiff did not make a mistake.

However, often the payer uses disputes to dispute the debt only to delay the process of collecting it or the application of coercive measures by bailiffs.

However, there are cases when, due to an error or the fault of the recipient of alimony, the amount of debt established by the bailiff is much greater than the actual debt. In such situations, the payer can exercise his right to challenge the bailiff’s decision, including in court to restore justice and achieve the correct determination of the amount of underpayment of alimony.

The collector, as well as the debtor, can apply to the bailiff an unlimited number of times with a request to settle the debt. It should be borne in mind that it is advisable to submit such an application only if a long time has passed since the previous decision was made, or the level of income of the debtor and other significant circumstances have changed significantly.

Under certain circumstances, the claimant or payer may request information about the accumulated alimony debt to the FSSP. To do this, you need to know the step-by-step algorithm of actions, filling requirements and other important nuances. Let's look at a sample application to bailiffs for the calculation of alimony debt.

Complaint about the inaction of the bailiff

If a bailiff does not fulfill functional duties, does not meet deadlines, or refuses to accept petitions, you can write a complaint against him for inaction, which can be sent to the senior bailiff or directly to the court. The text states:

Information about the official against whom the complaint is being made.
Information about the case in which he committed inaction.
The violation of the bailiff, which, in the applicant’s opinion, was committed, is signed.
In this case, the applicant may ask to replace the employee to conduct a specific enforcement process.

Bailiffs are an important element of the judicial-executive system. They are the ones who control the implementation of court decisions and accept some requests from the public and requests related to litigation. But at the same time, for violations by bailiffs and professional incompetence, the law in 2020 provides for the liability of an official at the request of the applicant.

When may you need to calculate arrears of alimony?

Calculation of alimony debt may be necessary in several cases:

The claimant wants to claim a penalty through the court or deprive the debtor of parental rights. According to Art. 69 of the RF IC, the formation of a large debt and recognition of the father as a willful defaulter is grounds for deprivation of parental rights. After which he will not be able to communicate with the child, claim his property during inheritance, or demand alimony from him if his incapacity is established.
The person obligated to pay alimony expresses a desire to pay off the debt on his own when the ex-wife does not apply for payment. A certificate may also be needed to reduce the penalty if there are appropriate grounds.

Important! A penalty can be recovered if money is claimed for the maintenance of a minor under an alimony agreement or a writ of execution (IL). In the absence of documents defining alimony obligations, only alimony for the past period is collected without the accrual of penalties.

Alimony for the past period is calculated by the bailiff on the basis of the presented IL or agreement. For the calculation, average earnings in the Russian Federation for the last 3 years are taken (if the debtor cannot provide information on wages for the specified period). In other situations, the size established by the IL or by agreement is used.

Who can apply?

The claimant or the debtor can submit an application for debt settlement.

The document can be sent in several ways:

through your personal account on the FSSP website, if such a function is provided in the region;
during a personal visit to the unit;
By Russian Post - by sending a registered letter with acknowledgment of delivery (the countdown of the period begins not from the moment of sending, but from the date of receipt of the FSSP letter).

It is worth considering that the resolution is issued by the bailiff who opened the proceedings (IP) or another authorized person in his temporary absence. Other FSSP employees do not have the right to draw up the document.

How to obtain a debt settlement order?

The procedure for applying to the bailiffs for a ruling is as follows:

The claimant or debtor fills out an application for the issuance of a document and submits it to the FSSP.
The appeal is registered and received by the bailiff within 3 days. He is given 10 calendar days for settlement.
The citizen who applies receives a notification that the resolution is ready or comes to the FSSP for it himself.

Subsequently, a settlement of the debt is submitted to the court.

If a penalty is required, the plaintiff must independently calculate it, based on the indicators in the resolution, and then reflect it in the claims.

Where to contact

The resolution is drawn up by the bailiff, the leading individual entrepreneur. If for some reason a citizen cannot appear at the FSSP in person, he has the right to send an application by registered mail or ask his representative to submit it.

The authorized person must have a notarized power of attorney.

How to make an application?

There are no strict requirements for the application, and it can be completed in any form. The main thing is to reflect the necessary information:

name of the FSSP;
Full name, bailiff position;
Full name, registration address, date of birth of the claimant and debtor;
date of initiation of the IP, series and number of the corresponding resolution;
information from the alimony agreement or court order, if payments are collected under it;
date of last payment;
the amount of alimony established by a court decision or agreement;
period of non-payment (exact dates are indicated);
request for debt settlement;
date of registration and signature.

Documentation

When contacting the bailiff, it is enough to provide your passport.

State duty

The claimant is exempt from paying state fees when filing an application for calculation of alimony debt. Instead, the debtor is required to pay the enforcement fee for each debt separately.

Note! According to Art. 112 Federal Law No. 229, the amount of the enforcement fee (IS) is 7% of the debt amount.

The money can be returned to the debtor upon cancellation of the decree, judicial act or executive document.

Terms of consideration

Applications are accepted by authorized FSSP employees. Citizens' appeals are registered, and information about them is entered into a special journal. 3 calendar days are allotted for this.

After 3 days, the documents must be handed over to the bailiff. The decision to determine the debt is issued within 10 days, a copy of it is sent to the parties to the proceedings immediately or no later than the next day after its issuance.

When to write a statement

The court that has made a decision on the claim cannot itself fulfill the citizen’s demands, forcefully collect the debt or sell his property. Such powers belong only to the bailiff service. FSSP specialists can take actions against the debtor only within the framework of proceedings. To do this, the claimant must submit an official letter (application) and submit a writ of execution.

Let us highlight the most important points related to submitting documents to bailiffs for collection:

You must apply to initiate proceedings no later than three years after the court decision comes into force (this period is interrupted for the period the bailiffs are conducting the case);
To submit a letter, you must select the correct FSSP department, otherwise the documents will be returned, or enforcement actions will not be taken while they are being sent to the proper address;
You can submit an application directly at a personal appointment with a bailiff, by mail, or through a representative with a notarized power of attorney.

Before composing a letter, you need to make sure that the writ of execution is properly executed. It must contain the series and number, details of the judicial act, the exact amount of the debt, the seal and signature of the judge. If the sheet contains errors, the bailiff will return it without initiating proceedings.

You can contact the FSSP with a letter at any time within a three-year period. However, it is better to do this as early as possible, since the debtor may try to sell or re-register property, withdraw money from the account, move to a new place of residence, or change jobs. This will make it impossible to collect the debt, or will significantly complicate the enforcement procedure.

Find out more Application for search of a debtor by bailiffs

We have already talked about what to do if the debtor does not pay according to the writ of execution in previous materials. Be sure to study this material, there is a lot of useful information for creditors.

Appealing a decision on debt calculation

According to Art. 122 Federal Law No. 229, the claimant or debtor is given 10 days to appeal from the moment the resolution is issued. It often happens that the parties do not know about its issuance due to lack of proper notification, and then the period is calculated from the date of receipt of the information.

You can appeal the decision in several ways:

filing a complaint about the actions or inaction of the bailiff to a senior manager of the FSSP;
sending an administrative claim to court.

Reasons for appeal

The reason for the appeal is underestimation or overestimation of the amount of debt. The debtor can also reduce it in court if there are good reasons for the debt:

long-term absence from work due to layoff;
the need for expensive treatment of the payer, receipt of disability;
an increase in the number of dependents in the family of the person receiving alimony;
use of unreliable indicators when calculating debt.

Additional factors may also be present:

personal interest of the bailiff in relation to the debtor or collector;
inaction of the bailiff when searching for the income or property of the alimony payer;
use of incorrect terms of non-payment when calculating;
debt accounting without indexation of alimony.

Let's look at a practical example:

The debtor's ex-wife decided to collect from him a penalty and the principal debt for 1 year. To do this, she turned to the bailiff with a statement.

In the resolution, the bailiff reflected incorrect indicators without taking into account indexation. The claimant filed a complaint about the incorrect actions of the FSSP employee to his supervisor. After 10 days, she received a response that the complaint had been satisfied, and after a few more days she was able to receive a resolution with the correct calculation.

How to file a complaint?

The requirements for the content of the complaint are reflected in Art. 124 Federal Law No. 229. It includes the following information:

position, full name of the bailiff;
Full name, registration addresses of the claimant and debtor;
information about IL;
requirement to appoint debt recalculation;
date of registration and signature of the applicant.

The complaint can be submitted in person, sent by mail or using the electronic service on the FSSP website.

How to appeal a decision in court?

An appeal against a decision is carried out within the framework of administrative proceedings. The claim is sent to the district court at the location of the FSSP.

The plaintiff files a claim drawn up taking into account the requirements of Art. 124 CAS RF. It must contain the name of the defendant, information about the contested decision, claims to invalidate the document and to order a new recalculation.
Within 3 days, the judge makes a decision to accept the statement of claim for proceedings. Copies are sent to all parties.
The case is considered within 2 months. This period includes preparation for proceedings.
At the end of the trial, a decision is made in the deliberation room.

An extract from the decision is transmitted to the parties. Representatives of the FSSP are usually present at the meetings.

What to do after receiving a court decision?

Having received a court decision, the claimant or debtor submits it to the FSSP for execution. The deadline for fulfilling the requirements is indicated in the document.

Expert opinion

Mikhailov Vladislav Igorevich

Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.

With further inaction, it is allowed to re-file an administrative claim, but this time due to failure to comply with the requirements of the court decision. The defendant here is not the representative of the FSSP, but the bailiff himself.

Based on the results, he may be brought to administrative responsibility, and the head of the FSSP may be subject to disciplinary action: he may be reprimanded, reprimanded, or fired if such offenses have been observed by the bailiff more than once.

In some cases, criminal liability arises under Art. 315 of the Criminal Code of the Russian Federation, if damage was caused to the plaintiff by inaction. What penalties are possible:

disqualification for 5 years;
forced labor for up to 2 years;
compulsory work up to 480 hours;
imprisonment for up to 2 years;
arrest for up to six months.

The verdict on criminal liability is passed by the district court - the lawsuit should also be filed there.

Submission order

An application to bailiffs for a writ of execution is submitted in the amount of 2 pieces. One copy will be marked with an acceptance mark indicating the date and registration number of the application.

A bailiff in the specified case is appointed within 3 days from the date of submission of documents (in accordance with Federal Law No. 229). After 3 working days, he must initiate enforcement proceedings, for which a resolution is drawn up. A copy is sent to the following persons:

To the claimant.
To the judiciary.
The defaulter, thereby giving him the opportunity to pay off his debts within 5 working days.

Sometimes the bailiff does not formalize enforcement proceedings within the required period. In this case, you can report the violation to senior management (senior bailiff). Read about how to correctly write an application for a bailiff.

If the applicant cannot appear at the FSSP on his own, the application may be sent by registered mail. To avoid problems in the future, it is better to keep the return notification confirming delivery of the application. It is mandatory to send a corresponding request to the Bailiff Service when changing your place of residence.

How to calculate the penalty for alimony?

Most often, a decree on the calculation of debt is required to collect a penalty. According to recent changes in legislation, its size has been reduced from 0.5 to 0.1% of the total debt.

How to calculate correctly:

The date for making the last payment is determined.
An application for debt settlement is submitted to the bailiff.
The FSSP employee draws up a resolution indicating the amount of debt and the number of days overdue.
Based on the resolution, the creditor multiplies the amount of the debt by the penalty - 0.1%. The amount received means a penalty for 1 day of delay. It is multiplied by the total number of days of non-payment.
The principal debt and penalty are summed up. The demand for payment of the amount is indicated in the statement of claim with a detailed description.

Let's look at a practical example:

30 x 60 = 1800 rub. – penalty for the entire period.

Has the payer not paid you money for a long time? Then you have the right to submit an application for calculation of alimony debt

in the FSSP. In this article we will tell you how this can be done.

In what cases is it necessary to draw up

The law does not have strict requirements for the content of the claim of the recipient of alimony. This is explained by the fact that the content of the claim cannot be standard, since each situation has its own characteristics that must be stated in the statement. However, a claim for debt is a formal document and the applicant must adhere to the general requirements for drafting the document.

It is recommended to submit an application when a certain amount of debt has accumulated for the collection of alimony. It is worth discussing the reasons for non-payment with the payer.

It may be possible to agree out of court on how the alimony provider will repay the debt. If peace negotiations did not take place or did not lead to the desired result, then the problem can only be resolved in court.

What are the consequences of evasion?

Intentional evasion of child support payments entails consequences that can seriously affect many aspects of the payer’s life:

A penalty of 0.5% of the debt amount is charged for each day of non-payment of alimony.
Property is seized if the payer has no income.
Seizure of a bank account.
The alimony provider must pay a fine of 100 minimum wages if it turns out that he intentionally hid his income.
Deprivation of parental rights – applied in case of concealment of income, accumulation of a large amount of debt or refusal to make payments.
Child support workers who owe more than 10 thousand rubles face deprivation of their driver's license. The rights are returned after full repayment of the debt.
Restrictions on traveling abroad.
Correctional labor for up to 1 year.
Arrest for up to 3 months.
Imprisonment for up to 1 year.

Several penalties may be imposed on the debtor at the same time.

All questions about the extent of liability are considered by the court and depend on many factors: the amount of the debt, the reasons for its occurrence, the behavior of the payer, etc.

Do you need a sample for an application for alimony? The form is presented in the article “General structure and application form for alimony.” You can find out whether there is a maximum amount of alimony here.

Who has the right to submit an application to the bailiffs for debt?

Submit an application to the bailiffs about the debt

Not only the parent receiving payments, but also the payer has the right to:

The claimant applies for payment of the debt, and also has the right to demand indexation for late payment.

The payer may apply for a reduction in the calculation of the amount of debt for a number of reasons:

lack of agreement with the assigned amount of alimony;
disability due to illness;
due to unemployment;
the appearance of new family members (who need to be taken care of).