What do the bailiffs call you to do? Is it worth going to the bailiffs for enforcement proceedings? What is the job of a bailiff?

Just never open the door to anyone, not even the bailiff. As a child, did your parents teach you not to open the door to strangers or aunts and not to let them into the house? It's the same here. Do not open the door to anyone - be it collectors or even bailiffs. You don’t even have to figure out who came there - just call the police if someone tries to break into your door and let them sort it out.

Of course, the bailiffs will almost threaten you with execution - that they will open a criminal case against you, you will face an administrative fine, they will break down your doors and many more scares - I will try to sort them out in a separate article. But what scares and worries you most is that they can break down the door. I'll tell you why they won't do it. Yes because it is very difficult. Very.

ATTENTION!!! This article does not apply to those cases when the property has already been described and transferred for safekeeping, and when the bailiff executes the decision to move in the claimant and evict the debtor!

1. First, you need to obtain permission from the senior bailiff. And this, as a rule, is a serious guy who has colonel's shoulder straps and has been working for a long time. And just imagine how a bailiff, who changes every 3-6 months, because it’s a dog’s job, can convince a seasoned wolf to issue permission to open the doors of the premises? Namely, to convince, because the bailiff must be 150% sure that there is property of the debtor in this premises. And if you’re not sure and if you don’t prove it to your elders, you’ll never receive the paper. Because the senior in rank does not want to receive and lose his shoulder straps.
2. Secondly, even if the elder was convinced that there was definitely property of a loan defaulter, it is far from a fact that he would issue this permission to break into an ordinary apartment of the ordinary Vasya Pupkin, who is not a malicious evader. But if Vasily had defaulted on alimony or compensation payments for causing harm to health, that would be a different matter. And Vasya just doesn’t pay a couple of loans.
3. Thirdly, in order to break the door, the bailiff, who has the heroically obtained permission in his hands, is obliged to warn you twice, against signature, that he will break the door. What are these two warnings - 1) the bailiff is obliged to notify about the start of enforcement proceedings and 2) the bailiff is obliged to notify that he will arrive to inventory the property on the appointed date and time. This is done precisely so that there is no need to break the door. Therefore, you don’t have to sign anywhere, but check the amounts on the bailiffs’ website.
4. Fourthly, in order to break down the door you need to have all of the above and also the presence of the following people - a district police officer, employees of the Ministry of Emergency Situations and two witnesses.

If the bailiff came to the wrong address - that is, the debtor is not in this premises and he is not registered (when you managed to check out) - you don’t have to open it and don’t explain anything at all, except that Vasya Pupkin is not registered here (if you say “ does not live” - there will be misunderstanding, and if you say “not registered” - everything is clear and the bailiffs will leave).

In short, you don’t have to open the door to the bailiff and, without swearing, calmly explain that your children/mother/wife/brother is sleeping and now it’s simply inconvenient to let them into your home. In this way, you will be able to maintain a normal relationship with the bailiff, which will be useful to you later, but not for long because the bailiffs change often. You just don’t let them into the apartment and then the next day (or whatever is convenient for you) you go to the bailiff’s office for a visit.

You bring copies of documents for the property (sales receipts, warranty cards) - confirmation that it does not belong to you, a copy of the donation agreement, or a storage agreement, or a lease agreement, or you simply write an explanatory note (or the owner of the apartment) that your property is not there. You don’t have to do this if you don’t plan to negotiate with the bailiff on some future issues. And if after that you invite a bailiff to your place and can give them a description of a couple of unnecessary things, for example an old TV and a broken kettle, that would be great. They will be pleased and you won’t lose anything much. But this is when you have several loans and there will be new enforcement proceedings and you plan to maintain warm friendly relations with the bailiff.

This is how you can solve the problem of a bailiff seizing your property - you just need to know your rights and not let the bailiff into your home. So, when you have nothing to pay a loan, you look everywhere for information on how to protect your property from seizure and become more legally savvy. You see - everything is for the better. If the article was useful, share it with your friends using the magic buttons on the left.

A common situation is . The case was “successfully” lost, and the writ of execution was sent to the FSSP service. This is the final part of the bank foreclosure. The borrower has ten days to voluntarily pay the debt. If this does not happen, the debtor will face problems.

The defendant decided not to wait for the bailiffs at home, and came to the department on his own. It is necessary to understand what model of behavior to choose to negotiate in your favor.

To prevent the bailiff from seizing the property, payment must be made within five days from the date of notification of the initiation of enforcement proceedings. It is not necessary to pay the entire amount, a small contribution is enough.

How to behave at the reception?

Debtors rarely come to the BSC voluntarily. People are afraid and try to do everything to be forgotten. But this does not solve the problem.

Debts remain, with all the ensuing consequences:

• ban on registration actions;

If a person independently comes to the FSSP employees, then he has more opportunities to agree on an installment plan or cancellation of the departure. The bailiffs carry out the collection plan and if payment is received, they turn a blind eye to some things.

The actions of the bailiffs are challenged in court or with the help of.

The debtor agrees to pay the full amount

Come to the bailiff for an appointment and agree on payment terms:

1. Find out the full amount of the debt (you can see it on the FSSP website).
2. Ask for a receipt or print it from the website.
3. Pay at the bank.

After 7 working days, the money is credited to the account.

Debtors rarely pay their debt voluntarily, so this option is more the exception than the rule. Although, sometimes this happens.

1. Do not forget to write a statement that you agree with the debt and are ready to pay voluntarily. In this case, the bailiff will not come and seize the property.
2. After depositing the funds, notify the bailiff about paying the debt by phone or come to the appointment again.
3. Monitor the receipt of money into the FSSP account and the lifting of bans on movement and property registration.

A common option. The bailiffs reach an agreement with the debtor, this is convenient:

• the debtor came himself;
• The debt is slowly being paid off.

The debtor also benefits:

• no one will go to his home to seize his property;
• no one will send a writ of execution to work to withhold 50% of the salary. The debtor's business reputation will remain untouched.

1. Take your 2NDFL certificate with you to confirm your income.
2. If you have loans from other banks, take the agreements with you.
3. Indicate additional sources of income. This is done if you are determined to pay off the debt.

Talk to the bailiff and, taking into account your income, calculate the monthly payment. This is a normal move. People pay off debts this way. If FSSP employees see the payment, they will not bother you.

If in this way you are repaying a debt to an individual or legal creditors, then it is important to remember:

The plaintiff may request additional collection measures even if funds are regularly received as payment. The bailiff is obliged to obey and carry out a set of compulsory measures.

The defendant does not agree with the debt

We would like to immediately warn you that in this case it is better not to go to the bailiff. Take care of the property in advance and wait for them to come to you. There is no point in aggravating the situation. After all, if you have nothing to take, then in a year the enforcement proceedings will be closed due to the impossibility of collection.

If the amount of debt exceeds 1.5 million rubles from an individual, the bailiffs may initiate the initiation of a criminal case under Art. 177 of the Criminal Code of the Russian Federation. The debtor has the right to use.

Is it possible to pay off a debt in installments? This question worries many respondents. After reading Federal Law 229, it is clear that the debt must be paid in full. But there is a way out of the situation.

Article 37 of the law allows the debtor to go to court and obtain a deferred payment. During the deferment period, no enforcement actions are taken and restrictions are lifted.

In practice, this provision does not make sense to apply. Any bailiff is ready for negotiations. You will be given the opportunity to make partial monthly payments without any problems. The only condition is the adequacy of the amount. Therefore, calmly negotiate on the money that suits both parties.

1. Don't be afraid to negotiate if you have something to offer.
2. Fulfill the agreements reached.
3. Try to pay more than agreed upon.
4. Stay in touch.
5. If you are late with payment, notify the bailiff.

All these points will help avoid seizure of property and a ban on registration of housing or car.

Due to their workload, FSSP employees are limited to seizing salary cards and banning travel. If enforcement proceedings were initiated a long time ago and they are not touching you, then maybe there is no need to fuss? Why come on demand?

If you lack funds, let the situation go. There is nothing to pay; you most likely will not go on vacation abroad. The best tactic here is don’t touch and that’s okay. This way, you can gain a lot of time and improve your financial life. The main thing is to pay off the debt as soon as possible.

What happens if you don't pay for three years?

Three years are , this means that if during this period you are not sued in court on any matter, then the claims will no longer be accepted. The exception is a good reason for the plaintiff. For example, illness or military service.

But if you do not pay the debt within three years under enforcement proceedings, this does not mean anything. The debt will be closed only after full payment, even if it takes ten years.

Do not confuse the statute of limitations with the period of enforcement proceedings.

We pay without commission

You cannot pay debts without a commission. The exception is the possibility of paying the plaintiff directly by agreement. With minimal costs, you can close the debt through Sberbank or VTB.

All other types of payments, for example, through, are more expensive than everywhere else. This must be taken into account.

Don’t forget about the enforcement fee and the deadline for crediting money to FSSP accounts (seven working days).

Bottom line

If you come to an appointment at the FSSP to talk, do it as friendly as possible. Don't be rude. A bailiff is a person who can make life very difficult. Although his actions are disputed. Or, on the contrary, it can help with debt repayment.

1. If the debt is fully repaid, the money will be credited to the account within seven working days. Don't forget to inform the bailiff about the payment.
2. Partial payment is possible only by agreement.
3. If you cannot or do not want to pay, do not aggravate the situation by visiting the SSP. It's better to leave everything as is.
4. Installment payment can be obtained by law through court proceedings.
5. Payment without commission is not possible, only directly to the lender by agreement.

In any case, whether you pay or not, BSC employees play an important role. But ultimately, this is just an obstacle to a debt-free life that can be intelligently bypassed or passed through by picking up the keys to a closed door.

If you have questions or require specialist advice, ask a question in the comments or contact the site’s duty lawyer. We will definitely answer and help.

Why are you being called and what awaits you?

You are being summoned because the FSSP service has received a writ of execution.

After initiating enforcement proceedings, the bailiff notifies the debtor of a call for an appointment with a demand for payment of arrears of alimony, provision of relevant information (information about place of work, study, place of receipt of pension, other income, place of residence, etc.) necessary for the execution of a writ of execution.

If necessary, the bailiff takes measures to establish the place of work, study, place of receipt of pension and other income of the debtor, requesting relevant information from the territorial offices of the Pension Fund of the Russian Federation and tax authorities.

If the place of work, study, place of receipt of a pension and other income of the debtor is established, in the absence of arrears on alimony obligations or if the debt does not exceed 10 thousand rubles, the bailiff issues a resolution to foreclose on wages and other income of the debtor and a resolution to terminate enforcement proceedings in accordance with paragraph 8 of Part 1 of Art. 47 of the Law.

If there is a debt on alimony obligations exceeding 10 thousand rubles, the bailiff issues a decision to foreclose on the debtor's wages and other income, but does not complete the enforcement proceedings and continues to apply enforcement measures.

The bailiff sends the following documents to the organization at the place of receipt of income:

a copy of the executive document on the basis of which enforcement proceedings were initiated;

resolution to foreclose on wages and other income of the debtor in the manner provided for in clause 1, part 1, art. 98 of the Law;

a copy of the resolution to collect the enforcement fee for failure to pay periodic payments in the manner prescribed by Part 4 of Art. 112 of the Law (if such a resolution was made as part of enforcement proceedings);

a copy of the resolution on the collection of an administrative fine and costs for carrying out enforcement actions (if such decisions were made within the framework of enforcement proceedings);

a memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents (Appendix No. 1).

The resolution on foreclosure of wages and other income of the debtor, along with other requirements, indicates the requirement of the person paying wages and other periodic payments to the debtor to provide the bailiff at least once a quarter with information about the deductions made from the debtor with the attachment of payment documents. documents on the transfer of collected funds to the recoverer.

The bailiff must take into account that the amount of deductions from wages and other income of the debtor cannot exceed 70% (Part 3 of Article 99 of the Law).

In accordance with Part 1 of Art. 100 of the Law, recovery under executive documents is applied to the wages of debtor citizens sentenced to correctional labor, minus deductions made by sentence or court order.

According to executive documents in relation to citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these debtors, the recovery is applied to wages, pensions or other the debtor's income taking into account the provisions of Art. 107 of the Penal Code of the Russian Federation.

Provisions of Part 3 of Art. 107 of the Penal Code of the Russian Federation establish a guaranteed minimum of funds, which must be at the disposal of the convicted person, regardless of all deductions. In correctional institutions, this minimum is 25% of the convicted person’s salary, pension or other income.

In case of unfinished enforcement proceedings, if there is a debt, or if the debtor’s earnings and (or) other income are insufficient, the bailiff takes measures to foreclose on funds held in accounts in banks or other credit institutions, as well as on any property of the person obligated pay alimony, which may be enforced by law.

In addition, within the framework of these enforcement proceedings, bailiffs must carry out checks of the property status of debtors at least once a quarter by sending requests to the relevant organizations and checking property at their place of residence or place of stay.

When identifying property belonging to the debtor, the bailiff, if necessary, requests from the organization where the debtor receives wages or other income, information about the collections made and the remaining amount of arrears for alimony and other penalties.

If the amount of the debt exceeds the amount received after the sale of the debtor's property, the bailiff transfers funds to the collector within the amount of the debt, recalculates the alimony debt and sends to the organization a new resolution to collect the amount of alimony debt.

If the amount of the debt is less than the amount received after the sale of the debtor’s property, the bailiff returns to the debtor the funds remaining after repayment of the debt to the claimant, reimbursement of expenses for carrying out enforcement actions, enforcement fees and administrative fines imposed within the framework of enforcement proceedings.

At the same time, the bailiff sends to the organization a resolution to revoke the resolution to withhold from the debtor’s wages or other income the amount of alimony arrears and the resolution to collect the enforcement fee, after which he completes the enforcement proceedings on the grounds of clause 8, part 1, art. 47 of the Law. Similarly, it is necessary to complete enforcement proceedings when repaying arrears of alimony exceeding 10 thousand rubles and collecting the enforcement fee by deducting funds from the debtor’s salary, pension, scholarship or other periodic payments.

When distributing collected funds, the bailiff must be guided by the provisions of Art. 110 of the Law.

If consolidated enforcement proceedings have been initiated against the debtor, the order of satisfaction of the claims of claimants who presented enforcement documents on the day of distribution of the corresponding amount of money is determined by the provisions of Art. 111 of the Law.

Requirements for the collection of alimony are satisfied first of all, along with requirements for compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, damage caused by a crime, and compensation for moral damage.

Within one queue (including in the presence of several writs of execution for the collection of alimony), demands are satisfied in proportion to the amount due to each claimant (Part 3 of Article 111 of the Law).

Simultaneously with the application of enforcement measures, in order to provide the debtor with the opportunity to execute court decisions on the collection of alimony on a voluntary basis, within the framework of interaction with the employment services of the constituent entities of the Russian Federation on issues of assistance in the employment of debtor citizens, the bailiff gives the debtor a referral to the employment center to register as unemployed or employed.

Quite a few people have had to look into the office of the Federal Bailiff Service at least once in their lives. Some people defaulted on their loans, some were blocked from traveling abroad for non-payment of alimony, and many were simply erroneously assessed an overdue fine by the traffic police. Many were rude, some were brought to tears. And in general, the reputation of this organization, due to the type of its activities, among the people, to put it mildly, is not very good.

About what kind of people work there, why they are so harsh and what they have to do, Reconomica I spoke with an employee of the FSSP. Try to look at the world through the eyes of a bailiff.

My name is Mikheeva Evgenia Yurievna, I am now 27 years old, I work as a bailiff in a small town Krasnoznamensk Kaliningrad region. Now I have been working in this structure for a little over five years. The position in the bailiff service was my first serious job.

When I was a law student at the institute, I was full of hope and ambition. A young student, I was simply sure that if I studied diligently and showed myself in practice, then after graduation I would be in great demand. Imagine my surprise when, after receiving my diploma, no one offered me a job. An endless series of interviews and refusals began, which lasted several months. I gave up, the opportunity to get a job in my specialty slipped through my fingers.

But, as usually happens, the solution to the problems came on its own. My parents received a “chain letter” about non-payment of the traffic police fine, and we went to our department to show the payment receipt. This is a typical situation that probably happened to every second Russian driver.

City Bailiffs Department Krasnoznamensk I was very familiar with it. Especially his archive. After all, in my third year I did an internship there. I took the receipt and met a friend who, as it turned out, still worked in the department. We chatted a little and she told me about the open position. My delight knew no bounds. I didn’t delay, the next day I went to the Office of the Federal Bailiff Service for the Kaliningrad Region.

Checks of applicants for employment. Who is hired as a bailiff and how is it checked?

The building impressed me. At the entrance I was greeted by stern men in uniform; later I learned that these were bailiffs for ensuring the established order of court activities (OUPDS). They wrote down my passport details and sent them to the HR department. The HR department provided me with an impressive list of documents required for employment.

For a week I collected documents - mine and those of my closest relatives, and passed a medical examination. Having collected an impressive folder of documents, passed the commission and armed with several photographs of myself, I again went to the personnel department. There they told me about the requirements for a future bailiff and gave me a form to fill out. It turned out that getting a job at the FSSP is not so easy.

You can become a bailiff only from the age of 21; you must have Russian citizenship and completed higher legal or economic education. The future bailiff and his immediate relatives should not have a criminal record or debts to the state.

Having filled out a questionnaire about myself and my family, proving that I met all the requirements, I went to a psychologist to take tests. I finished the test and thought that this would be the end of my meetings with the personnel department. But I was wrong. As it turned out, my documents were sent for verification, and I myself was sent for a two-week internship.

What is the job of a bailiff?

Well, finally, I’ve waited, I can start working. I had a very vague idea of ​​what bailiffs do. After all, I, like most trainees, was not allowed to work as such. I was only familiar with the archive.

Now I needed to find out what exactly the job of a bailiff is. On the first day, I didn’t really understand this issue.

I was loaded with a pile of papers: federal laws, regulations and other regulations that I had to learn and apply in practice.

Having dealt with the laws, internal regulations and getting to know the employees, I finally revealed the secret of what I should do. As it turned out, the main task of the bailiff is to collect debts from citizens and organizations in various ways. In theory, this seemed like a very simple process to me.

After I learned all the necessary laws, I was put in front of a computer to learn how to work with a special program - a database. All debtors and information about them are entered into the program, in which part of the debt collection work takes place.

Working at the base was a dark forest for me. It turns out that all court decisions and resolutions of other bodies (the traffic police, for example) are entered into the database - they are registered, which at first will seem like a very complicated process. After registration, enforcement proceedings are initiated to collect a particular debt. Then work on this production begins.

How to successfully complete an internship

In general, throughout my internship I struggled with our debtor base. The internship ended, and I went back to my favorite HR department. At that time, my documents had already been fully checked, psychological tests were also successfully passed. Now I was awaiting testing on my knowledge of laws and regulations. I passed the test without any problems.

But this was not the end of the epic; now I was sent for approval. That is, I had to go through the heads of departments and answer their questions. And the last ones need to pass an interview with the chief bailiff of the region - the head of the department. What I experienced while going through the approval process cannot be expressed in words. But I did it. They signed a contract with me and hired me for a probationary period of six months. They issued a form and sent it to their home department.

Real work, or why FSSP employees are so nervous

Now I was a full-time employee. They gave me a mentor, an already experienced bailiff, so that I would not pester everyone with questions, and they showed me my desk in the office.

Paperwork

Well, my workdays have begun. Hooray!

I was not happy for long. Within half an hour there was a row of boxes on my table, densely packed with enforcement proceedings. It’s unclear what to do with them and how to disassemble them. There are more than two thousand of them. I was very confused.

I had to take apart everything that had fallen on me. First I organized the mess. I sorted everything into categories and started working. It was very difficult for me, I didn’t know much. At times, I didn't understand what I was doing. A flood of new information flooded into me. All day long I made requests, wrote off money from accounts, initiated and terminated enforcement proceedings. Routine and monotonous work drove me crazy.

Working with debtors and their types

I didn’t have to get bored at the computer for a long time. Work with debtors has begun. I needed to conduct conversations with people who come to the appointment. It was necessary to explain what exactly their debt was, how they could pay it (accept money, if necessary) and what would happen to them in case of non-payment. I didn’t think that simple conversations could exhaust such a sociable and energetic person like me. I had to explain the same thing several times.

The people you will encounter in the process if you go to work as a bailiff are very different. These are not always nice, polite people. Very often, these are retired grandmothers who do not understand what exactly they owe and think that you are trying to rob them. These are local drunks who smell bad and can get sick with scary things. These are private entrepreneurs and officials who are confident in permissiveness and impunity. These are single mothers who have nothing to pay their utility bills. You will encounter each of them. Someone will curse you, someone will cry. You need to be emotionally prepared for anything.

At the first reception of citizens, the worst-smelling outcasts seemed to me the most terrible. Exactly until the moment when a huge angry man burst into my office, with a furious look. He shouted very loudly and threatened me. I have never been so scared. An OUPDS employee, who is supposed to protect us in such cases, came running to his screams and took the rowdy out. I was shaking all over, I just sat and cried.

This was my baptism of fire. After that, I faced rudeness, open hatred and threats many times. Over time, I learned to react to all this correctly.

Outdoor events

Then visits to the debtors’ addresses began. And here, again, there is a psychological aspect. You see everything and encounter everything. Debtors are trying to escape and hide. They slam doors in your face, rush to fight, and poison dogs. You get to see with your own eyes how people live. You will have to face people who... Learn to communicate with brawlers.

What do the debtors themselves think about this?

From the editor: We will interrupt the heroine’s story for one paragraph. To look at the interaction between the bailiff and the debtor from a different angle, we interviewed people who had to go to see bailiffs.

I received a piece of paper saying that I had not paid some traffic fine. I just came by to ask. There, everyone who enters is looked at in advance as if they were a prisoner. That is, you are to blame for the fact that you got into the database, it doesn’t matter whether you were entered correctly or not. A very unpleasant place.

My son received an erroneous overdue fine from the camera in double amount, which he had already paid online. He also corresponded with Yandex-money - they’re getting kicked out by the traffic police, and he wrote to the traffic police portal - it doesn’t work at all, there’s zero response, and the phone number listed on the website is busy 24 hours a day - either it’s the only one for the whole region, single-channel, or it’s just there They hung up the phone once a couple of years ago to stop people from calling them.

In general, my son lives in another city, he asked me to go with printouts to the bailiffs to prove that he is not a camel. I sat in line for 3 hours on a working day - at least I’m a pensioner, and people work on weekdays, actually. They received me, checked my payment, and said, go ahead. I say that I served three hours, they say, at least give me a piece of paper that there are no complaints, you send all kinds of nonsense to honest people, then he will come again - sit in line again all day, prove it. They gave us a certificate that we were not camels, but with an appearance as if we were in a courthouse, and they proved guilt, and in front of them I bribed the judge with black cash.

And all this because of the chaos in their own base. It seems that this was done on purpose so that people would be discouraged from going there, they would spit and pay fines a second time. This is probably how the treasury is replenished.

Salary and working conditions in the FSSP

But you get used to everything. After the end of the probationary period, there is another test and approval. And if you cope, they give you a high rank. With the assignment of a class rank, you receive the first stars on your shoulder straps and a small increase in salary.

In his work, the bailiff often has to interact with employees from other departments: the prosecutor's office, the police, the tax office, the Pension Fund. Participate in court hearings. Sometimes - to prove the legality of their actions.

Working day from 9 am to 6 pm. But in practice, you constantly have to stay late and go to work on weekends and holidays. There is no need to expect additional payments for this.

The bailiff's salary is very modest. When I first got a job, I received about 12,000 rubles, a year later - about 14,000. I can’t count on a particularly large salary.

Today my salary does not reach 15,000 rubles in hand.

A quarterly bonus is provided, but not everyone receives it and not always.
Management sets standards, for failure to comply with which you can be punished: disciplinary action, deprivation of bonuses.

This job is very responsible. For violations, you can not only be deprived of bonuses or fired, but also be prosecuted.

To summarize, I want to say: working as a bailiff requires responsibility, determination, the ability to find contact with completely different people and dedication. If you are not ready to endure rudeness and threats for a small salary, or spend weekends and holidays at work, then this type of work is not for you.

Working in the bailiff service helped me acquire a lot of useful skills, become stronger, gain experience in court hearings, make a lot of useful contacts and gain work experience. By and large, this type of work is very suitable for a novice lawyer. It will allow him to acquire all the necessary skills. Now I am planning to move on and change jobs. But I am very grateful to my FSSP department for a wonderful start and irreplaceable experience.

1. As part of the enforcement proceedings, an act of administrative violation was drawn up (failure to appear at a certain time to the bailiff upon request on a certain date), a determination was made on the place of consideration and a resolution in the case of an administrative offense, and a fine was imposed. However, in the IP there are no documents confirming the delivery of the summons or demand, as well as the demand itself... It became known about this a year and a half later, ... How to appeal a decision on an administrative offense?

Lawyer Birzhevaya M.S., 4153 answers, 2239 reviews, on the site since 08/14/2017
1.1. Good afternoon Appeal in court. If the deadline for appeal is missed for a good reason, the missed procedural deadline must be restored.

2. Please advise what to do in this situation?
I had a loan from a bank, but after a while I stopped paying due to financial problems. The bank filed a lawsuit in the district court, won, but did not forward the writ of execution to the bailiffs. About a year has passed and now a summons has arrived. A certain office of EOS LLC entered into an agreement with the bank on the assignment of rights of claim, according to which now these guys want to change the claimant through the court and then most likely go to the bailiffs with a writ of execution. The court hearing will be on October 18. Is it possible to fight off these nimble collectors?

Law firm LLC "Helios", 12588 answers, 7097 reviews, on the site from 03/01/2019
2.1. Hello. Yes of course there is. It is necessary to submit an objection to the court hearing. Do you have the claim in hand?

Lawyer Ozhgibesov S.B., 4854 answers, 1848 reviews, on the site since 10/05/2009
2.2. Apparently the bailiffs refused to replace the claimant. Of course it is necessary to participate in the meeting.

3. Please, what should I do in such a situation? My husband has a daughter from his first marriage, when our son was born in our second marriage, I filed for alimony, the court decided that my husband should pay us alimony at 1/6. It was June 2015. My husband and I received our writs of execution and he took them to my work. The former did not receive her sheet and did not provide it to the court. to the bailiffs. The accountant will do it based on my husband and I. She kept 1/6 of the sheets for me and my ex. In August 2017, my husband quit his job, writs of execution were not returned to us with documents, neither to my husband nor to me. We somehow waited - we achieved the return of our performers. Sheets in February 2018. At this time, the husband gets another job in October 2017, and his ex accrues arrears of alimony because she has an old one. 1/4 of the sheet is at the court. bailiffs and they begin to withhold 50% of the salary. Then when we got ours it will be fulfilled. Sheets, we provided them to the court. to the bailiffs. Now she kept 1/6 each for me and my ex. In August, the husband received a summons to appear in court; the ex filed an application for a 1/4 duplicate. The husband was unable to appear in court because he was on duty in the north, the court decided to issue a 1/4 duplicate to the ex (then a decision came court to husband by mail). What should we do now to sue for 1/6 again?

Lawyer Zakharova I. A., 2870 answers, 2054 reviews, on the site from 07/17/2018
3.1. You need to appeal the latest court decision on the grounds that there is a court decision that has entered into legal force in the current case.

4. I want to deprive the child’s father of birth. rights for non-participation in the life of a child. we got divorced, he left the city and his location is unknown. He doesn’t officially work, he previously paid alimony, now the bailiffs have a writ of execution (although I myself used to take him to work). Six months have passed. Can I sue for deprivation of rights? He is registered in our city, the summons will go there, he simply will not know about them. I'll get certificates from the children. clinics and from kindergarten, which does not participate in education. Will the first meeting be postponed, and at the second meeting, if he fails to appear, will he be automatically forfeited? Then when can I change my child’s last name? Will the birth certificate contain information about the father? Thanks for the answer.

4.1. You will be able to change your last name to your own after the court decision enters into legal force.

Lawyer I. S. Kostromina, 5117 answers, 2734 reviews, on the site from 05/04/2016
4.2. Hello Irina! Issues regarding deprivation of parental rights are resolved in court; in order to file a claim for deprivation of parental rights there must be grounds provided for by law.
"Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (as amended on May 29, 2019)
Article 69. Deprivation of parental rights
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational organization, social service organization or similar organizations;
(as amended by Federal Laws dated April 24, 2008 N 49-FZ, dated November 25, 2013 N 317-FZ, dated November 28, 2015 N 358-FZ, dated March 28, 2017 N 39-FZ)
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, the other parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
(as amended by Federal Law dated December 30, 2015 N 457-FZ)
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).
(as amended by Federal Law No. 49-FZ dated April 24, 2008)
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, and in the case of state registration of the child’s birth, the multifunctional center for providing state and municipal services - to the multifunctional center for the provision of state and municipal services at the place of state registration of the child’s birth to inform the civil registry office in which the corresponding birth certificate is stored.
(as amended by Federal Law dated December 29, 2017 N 438-FZ)

Sergey Yuny Barmaleikin, 15888 replies, 857 reviews, on the site since 10/25/2011
4.3. You need to submit the alimony payer to the executive search, Art. 65 Federal Law “On Enforcement Proceedings” (FZ), and then apply clause 16 of Art. 65 Federal Law:
Advertisement the results of the enforcement and investigative actions carried out and explains to the claimant his right to apply to the court with an application to recognize the debtor as missing.
It is not a fact that the court will deprive parental rights at the moment. Insufficient evidence.

10. For 7 years I have been fighting with prefixes regarding alimony. To no avail! And in January of this year I asked you to send me copies of the IP for review. Immediately I received a letter that the individual entrepreneur was transferred to another joint venture, because the debtor lives in another city (although the debtor never lived there) the file was obviously lost on purpose! And after 6 months, I tried to find out where the IP is now, but I didn’t find out anything, neither there nor there is a case. I wrote to the president’s website, and while I was waiting for a response, they said that I needed to write to the court, asking for a duplicate to be issued. I wrote to the court back in early August. In response to my appeal, the answer was that the head of the Azov department was in court. Priest. The corresponding paper was sent, asking them to take measures to restore the individual entrepreneur and all necessary measures to the ex-husband... But is the court silent about my letter? Although quite a bit of time has passed, should they send me a summons to court, even if the bailiffs ask the court for a copy of the IP, should they still notify me with a summons? How can I find out now? Is anything being done or not? Where to call, write? Or maybe write to the court again. My letter arrived in court on the 6th.. Maybe I didn’t format it correctly.. I don’t know who exactly the letter should be sent to, so I just wrote to the magistrate at court precinct number 6 in Azov.. Did I do the right thing? Please tell me?

Lawyer Munasypova L.Z., 1333 answers, 848 reviews, on the site from 01/18/2019
10.1. Good afternoon An application for the issuance of a duplicate writ of execution is submitted to the court that made the decision to collect alimony and issued the writ of execution. If you filed an application, then call or better yet go to court and find out what is in your application.

11. At the end of 2016, I took out a loan of 10,000 rubles from the Zaimer MFO. In the end, I never returned it. As I remember, at that time there was a restriction on microloans - they could increase interest by no more than 4 times + the loan body itself. Well, about 3 months ago, the microfinance organization filed a lawsuit against me. As a result, they were ordered to return 60,000 rubles. I didn’t go to court - I ignored all the court summonses, and found out about the debt on the Bailiffs website. Then I went to my personal account at the MFO and there was a debt of 100,000 rubles. Well, the question is: is it possible to take any retaliatory measures against MFOs for such an amount of debt? Thanks in advance everyone.

Lawyer Kuprikov M.S., 5920 answers, 3705 reviews, on the site since 12/03/2016
11.1. Good time. First, you need to find out in what form the judgment was made. If in the form of a court order, then it should be canceled by filing an objection. Interest was accrued incorrectly and is subject to reduction based on the weighted average key rate of the Central Bank of the Russian Federation.

12. During his lifetime, my father had a court decision to demolish a house on his summer cottage. The house was built, but not registered in the Rosreestr... he filed an appeal, and the enforcement proceedings were suspended. Then he died in 2007. Mom had nothing to do with it. The bailiffs did not come to her or disturb her. We have entered into an inheritance. We received certificates of title to the plot. In 2012 they decided to sell it. The neighbor, with whom my father was suing, became active again and, as I understood, he imposed a burden on the possibility of registration actions with the site. We retreated. A year ago, I learned that you can check the encumbrance in the Rosregistry. And he wasn't there. In addition, another heiress was able to sell her share of the dacha to another co-owner - the owner of the second half of the dacha (common property). This means that there really is no burden. We decided to try to sell our remaining shares (mine, my sister's and my mother's). And 12 years have passed since my father’s death. The neighbor, seeing this, began to stir again and a summons arrived in the name of my father (deceased), as I learned about a meeting to issue a duplicate of the writ of execution. That's exactly what they told me in court. In the worst case, the neighbor will again try to encumber the plot and we will not be able to sell it. Question: if no encumbrances are imposed on the registration of the plot, we sell our shares to the remaining co-owner, and the neighbor sues us to demolish the house that has not bothered him for 12 years, then will we still have the obligation to demolish the house, even if Doesn't the land belong to us?

Lawyer Karavaitseva E.A., 57776 answers, 27414 reviews, on the site since 03/01/2012
12.1. The responsibility will remain.

4. The grounds for canceling the decision of the court of first instance in any case are:
1) consideration of the case by a court with an illegal composition;

2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing;

Get a copy of the decision and contact an attorney.

Sincerely, lawyer – Stepanov Vadim Igorevich.

Lawyer Soldat S.V., 3997 answers, 2687 reviews, on the site from 01/22/2018
18.3. Hello Oksana! Surely a court order has been issued against you. To cancel a court order that has entered into force, it is necessary to send to the court that issued the order a petition to restore the deadline for filing an objection regarding the execution of the court order and an objection regarding the execution of the order. The petition can refer to a violation of the rules for the provision of postal services, as well as indicate the reasons why the judge had no reason to issue an order, there are many of them. Then the order will be cancelled.

19. The ex-wife filed for alimony 1/4 of the salary. The court did not notify me. They issued an executive order, which was already with the bailiffs, and they notified me about the start of enforcement proceedings. I wrote to the court an application to cancel the court order (the reason is that I have two more children and my wife is not on maternity leave), and a petition to restore the missed deadline. The court decided that apparently this was not a sufficient reason for cancellation and summoned me and my ex-wife to court. What is the right thing to do - write a petition to transfer the case because I am on a long-term business trip. And during this time, my second wife will officially file for alimony for herself and our two children through the court. But then the bailiffs will continue enforcement proceedings, during which time they will find me, I work officially and begin to deduct 1/4 from my salary. As a matter of fact, they will suspend the activities of the bailiffs while my case to cancel the court order is ongoing.

Lawyer Virabyan S.S., 468 answers, 279 reviews, on the site from December 26, 2018
19.1. To restore the missed deadline for appealing a court order, you need a good reason, which must be documented. Grounds are also required to cancel a court order.
If your case is already with the bailiffs, then it can only be completed if the plaintiff’s demands are denied. It is impossible to suspend the IP in this case (Article 40 of the Federal Law on IP).
If a court order establishes a different procedure for collecting alimony, then all previously withheld funds will be taken into account for further deductions from the salary.

20. Deprived of parental rights since 2006, legally, they sent a debt in 2009 of 95,000. They withheld 70 percent from the salary for 3 years, paid an additional 50,000 for which the court provided receipts. bailiff at your place of residence. Later she quit and moved, notifying the bailiffs and asking them for her writ of execution. To which they answered that they would send it to my place of registration. I was able to register only after 3 years. All this time I was communicating with the bailiffs and guardianship authorities, who also requested receipts for the payment of alimony (I also provided them with checks). At the moment, I received a subpoena for the same enforcement proceedings (I pay alimony, but not in full, because I don’t have my own home, I have to rent) What threatens me?

20.1. If you haven’t paid for 3 years, you don’t have to pay, the statute of limitations is 3 years, Article 196 of the Civil Code. And so,
Hello. Up to 70% of alimony payments can be written off. As for other loans, you need to go to the court that made the decision to collect the debt with an application for an installment payment plan, Article 203 of the Code of Civil Procedure of the Russian Federation

Federal Law “On Enforcement Proceedings”, N 229-FZ | Art 99

Article 99. Amount of deduction from wages and other income of the debtor and the procedure for its calculation [Law “On Enforcement Proceedings”] [Chapter 11] [Article 99] 1. Amount of deduction from wages and other income of the debtor, including from remuneration to authors results of intellectual activity, is calculated from the amount remaining after withholding taxes. 2. When executing an executive document (several executive documents), no more than fifty percent of wages and other income may be withheld from a debtor-citizen. Withholdings are made until the requirements contained in the executive document are fulfilled in full. 3. The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy percent. 4. Limitations on the amount of deduction from wages and other income of a debtor-citizen, established by parts 1 - 3 of this article, do not apply when foreclosure is applied to funds located in the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment.

All the best. Did my answer help you!?

21. Please, what to do in this situation: A summons arrived (they stuck it with tape on the door, although I was at home) calling for an appointment with a bailiff. The summons does not say who it is intended for, the address is not indicated, and the reason for the call is not indicated. There is only the name, address and working hours of the bailiff. And preventive measures are outlined in case of failure to appear. A demand was dropped into the mailbox.

Lawyer Bulatova I.D., 28383 answers, 10010 reviews, on the site from 03/03/2015
21.1. First of all, you must have information about any legal proceedings, as a result of which you are summoned to the bailiff...
If there are no assumptions, then find out on the FSSP website - enter your data as a debtor.

Lawyer Sokolov D.G., 142249 answers, 33019 reviews, on the site since November 23, 2008
21.2. Lyudmila Iosifovna. This issue can be viewed narrowly or broadly. The bailiff does not have evidence that you were notified (properly) and, accordingly, you don’t have to show up.
Broadly - you must understand that you are being summoned for a reason, there is enforcement proceedings and it is in your best interests to figure out for what reason, etc. It is optimal to obtain a judicial act and consider the possibility of appealing it. "Ostrich tactics" rarely lead to a positive result...

22. There was an outstanding loan. The bank sued. Now the bailiffs are looking after us. The question is, can we go to court to have the bank remove the interest, because I didn’t even know that the bank had filed a lawsuit and that there was a trial (there was no subpoena). We only found out now when the bailiffs took care of us.

Lawyer E. T. Yartseva, 529 answers, 251 reviews, on the site from 06/27/2019
22.1. Good afternoon
If this is a court order, it should be canceled and the enforcement proceedings should be closed.
If the decision needs to be canceled in absentia and within the framework of the meeting, protect your interests on the basis of Article 333 of the Civil Code of the Russian Federation.

23. We sold an insurance claim in 2017 in the same year and the car was sold without repair. Today my husband is summoned to the bailiffs and informed that he owes 10,461 rubles. legal costs and vehicles were seized. We have no idea what kind of court he was not called for, almost 2 years have passed, the accident occurred on July 26, 2017. The accident commissioner to whom he was sold is therefore not available. The contract only states that he is registered in a neighboring city and that’s it. What to do?

Lawyer E. S. Kipkailov, 2428 answers, 1454 reviews, on the site from 01/21/2017
23.1. Hello, was your husband at fault for the accident? If he did not notify the insurance company within 5 days about the insured event, then the insurance company has the right, by way of subrogation, to recover money from the person responsible for the accident.

24. There was a credit card at Tinkoff Bank. It was sent to me by mail several years ago. The limit was, if I'm not mistaken, 30,000. I used it. She always paid on time. Until I found myself without a job. She raised 2 children alone. There was nothing left to pay. I wrote an application for restructuring. She asked to reduce the monthly payment amount. We did not reach a common opinion with the bank. Stopped paying in the first half of 2015. In January 2016, I received an email from the bank about the assignment of debt. While using the card, the Card limit was increased to 75,000 without my consent. In February 2019, I learned from the bailiffs that Phoenix LLC had appealed to the magistrate. Overturned the court decision. Now a summons has arrived from the city court. What is the right thing to do? Is it possible to refer to the expiration of the limitation period? There are 2 more loans that I am currently paying off. Thank you.

Lawyer Sadykov I.F., 49436 answers, 26528 reviews, on the site from 10/11/2017
24.1. It can be stated, but the limitation period in accordance with Article 196 of the Civil Code of the Russian Federation and its explanations by the Supreme Court applies to each regular payment. And according to Article 199 of the Civil Code of the Russian Federation, you have the right to declare a limitation period. At the same time, for the duration of judicial protection, the period is suspended in accordance with Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period”

Lawyer Karavaitseva E.A., 57776 answers, 27414 reviews, on the site since 03/01/2012
24.2. Prepare a response to the statement of claim, in which you provide a detailed calculation justifying the expiration of the limitation period, ask for a refusal to satisfy the claim on the basis of Art. 199 of the Civil Code of the Russian Federation.

Lawyer Kozlov S.S., 2577 answers, 1447 reviews, on the site from 05/02/2019
24.3. Hello! The limitation period (Article 196 of the Civil Code of the Russian Federation) can be calculated if more than 3 years have passed from the moment of the last payment to the filing of a claim in court (the order does not count).

24.4. You can claim a statute of limitations.
But on what basis the bank increased the credit limit is not clear.
Phoenix is ​​the spacecraft of Tinkov Bank.
At the trial, you must petition for Tinkov Bank to provide copies of loan agreements, statements of account transactions,
certificates on the status of debt, including overdue debt, broken down into principal, interest, penalties, as well as the agreement and transfer of debt under the assignment of Phoenix.
It is necessary to consider all dates and all actions on the account.

Lawyer Shabanov N.Yu., 20164 answers, 9651 reviews, on the site from 03.23.2017
24.5. Hello, you filed an objection to the court order and it was canceled, in accordance with the provisions of the Code of Civil Procedure of the Russian Federation Article 129. Cancellation of the court order
The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. Now the claimant has filed a claim in court, he has the right to do so. File an objection to the plaintiff’s demands, in the objection indicate that he missed the statute of limitations of Art. 196 of the Civil Code of the Russian Federation, this period equally applies to both the creditor and the person who has accepted the right of claim from him on the basis of an assignment agreement. According to the Civil Code of the Russian Federation, Article 199. Application of the limitation period
...
2. The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision.
The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim. Those. The applicant's claims must be denied.

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
24.6. Hello, dear Olga!
Firstly, you could cancel in 2019 not a court decision, but a court order, taking into account the provisions of Articles 128, 129 of the Civil Procedure Code of the Russian Federation (in short - the Code of Civil Procedure of the Russian Federation).
Article 129. Cancellation of a court order
The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling to cancel the court order, the judge explains to the claimant that the stated claim can be presented by way of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued.
Secondly, after the magistrate canceled your objection regarding the execution of the court order, your new Creditor filed this claim in court on the basis of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation.
You have the right, on the basis of Articles 35, 149 of the Code of Civil Procedure of the Russian Federation, to prepare written objections to this claim with references to articles of the Code of Civil Procedure of the Russian Federation, to articles of the Civil Code of the Russian Federation and to evidence that you have the right to provide in the materials of this case in accordance with Articles 35, 56, 55 of the Code of Civil Procedure of the Russian Federation.
Thirdly, if the plaintiff missed the statute of limitations (Articles 196, 200 of the Civil Code of the Russian Federation) when filing this claim (this is what needs to be dealt with in more detail based on your documents), then you have the right to state this in your objections to the claim.
Based on the amount of the fine, you can tell the court to apply the provisions of Article 333 of the Civil Code of the Russian Federation to reduce the amount of the fine.
In addition, it is necessary to deal with the issue of the Bank’s right to assign this debt to a non-credit organization. But don’t think that everything will be as simple with this claim as with a court order. Collection companies also know their business well, how to collect debts from borrowers and their guarantors.
All the best.

Lawyer Popov P. E., 5769 answers, 2882 reviews, on the site from 05/26/2019
24.7. Olga, the statute of limitations applies from the date of the last payment you made. If another part was extinguished, the period begins to run from the new date. The general limitation period is three years. At the court hearing, you need to declare the application of the statute of limitations and reject the claim in full. It should work. Good luck! All the best to you!

Lawyer Erkhov V.G., 21971 answers, 6819 reviews, on the site since 02/04/2013
24.8. This is exactly what you should do 199 Part 2 of the Civil Procedure Code of the Russian Federation and 196 and 200 of the Civil Procedure Code of the Russian Federation = the statute of limitations has passed.

25. In 2014, the BANK is suing me for debts on 2 loans. The courts passed The decisions came into force And since then, every month, without fail, they have been deducting me in favor of the plaintiff \in June 2019, too\ One debt for 180 thousand rubles was repaid in full The second for 250 thousand rubles remained\as of June 2019\ 34 thousand . rub. This is where ACCORD FINANCE comes to court with data as of the beginning of 02.2019 and demands that the court recognize their right to collect a debt of 58 thousand rubles from me\this is as of the beginning of 02.2019\ and there is also interest of as much as 312 thousand. rub.. The court was in a neighboring town. The summons for 06/03/2019 arrived later than the trial\06/04/2019 has not yet taken place\. The Court's decision states that neither I nor the bailiffs appeared and provided nothing. And all the necessary information was provided to us.
I don’t even know whether to PROTEST the court’s decision or complain somewhere? How can you justify your disagreement with both the court itself and its decision?

Lawyer Kriukhin N.V., 157614 answers, 69087 reviews, on the site from 07/14/2011
25.1. Hello.
A default judgment can be overturned quite easily.
But developing a legal position and drawing up complaints are paid services.
For more detailed advice or preparation of documents, I recommend contacting any website lawyer you choose by personal message or via the contact information specified in the profile of the relevant lawyer.
Beware of scammers who may write you a personal message asking for your phone number, or call you or write you a personal message offering services and/or an invitation to a supposedly “free” consultation!

Lawyer Kovresov-Kokhan K.N., 11275 answers, 5008 reviews, on the site from 03/17/2019
25.2. You need to obtain a court decision (in absentia or in person is not known) and cancel it on the basis of improper notification of the court hearing.
You need to take copies of the writs of execution and a statement of receipt of funds to repay the debt from the FSSP.

Lawyer Shamolyuk I.A., 61033 answers, 25769 reviews, on the site from 07.11.2009
25.3. Default Judgment Can Be Overturned within 7 days from the moment a reasoned court decision is made. Then another month is given to file an appeal. Prepare an appeal, justify your position, in accordance with Art. 321, 322 Code of Civil Procedure of the Russian Federation.

Lawyer Kudryavtsev V.A., 2310 answers, 645 reviews, on the site from 01/05/2011
25.4. And all the deadlines are not from the date of production of the decision, as written above, but from the date of receipt of the decision.

26. If a person has not received a summons by mail to the bailiffs. Can he be forcibly delivered or fined?

Law firm Korsunov V. A., 225 answers, 150 reviews, on the site from 05/20/2019
26.1. A person is considered notified if a notice was sent to his address, which is indicated in the executive document, and he did not receive it for unexcusable reasons. However, without confirmation of delivery of the notice, the bailiff will not issue a ruling on the forcible delivery of the person or hold him accountable.

27. I was summoned to the bailiffs on a subpoena; what could I face for this?

Lawyer Kolkovsky Yu.V., 100689 answers, 46982 reviews, on the site from 07/05/2015
27.1. It depends on the reason for which you were called.

28. I received a letter from the bailiff about the loan debt. The trial took place without me, they charged all the interest and fines, and besides, the statute of limitations on the loan had expired, but the bank sold the case to collectors and they went to court, tell me whether it is legal to charge penalties and fines and did not even send a summons at all. Can I somehow stop the proceedings with the bailiff and sort this out? I wouldn’t really like to pay, my ex-husband used the credit card, I forgot to pick it up during the divorce, thank you.

Lawyer Kudrin O. E., 15129 answers, 8098 reviews, on the site since 03/20/2015
28.1. Good afternoon.
Most likely, a Court Order was issued; it is issued without summoning the parties and without trial. You have the right to cancel this Court Order. To do this, you need to write your objection and send it to the court that issued the Court Order.
In accordance with Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor within the prescribed period receives objections regarding its execution.
Yes, the statute of limitations has expired, but the court itself does not apply the statute of limitations!
If everything is done correctly, it will definitely be cancelled. It is imperative to cancel the Court Order, otherwise you will get a debt that is not clear by whom and how it was calculated. Just don’t try to cancel the Court Order yourself. If you make a mistake, there will be nothing you can do to correct it!

Law firm AA "AB LEGAL PROTECTION", 800 answers, 515 reviews, on the website since 08/29/2018
28.2. You need to write a complaint against the court's decision, justifying the fact that you did not receive any correspondence. If a court order has been issued, it is necessary to write objections regarding its execution, which will entail its cancellation. You have 10 days from the date of receipt of the message from the bailiff.

Lawyer Ignatyuk L.A., 399 answers, 253 reviews, on the site from 02/26/2019
28.3. Hello.
Most likely, a court order was issued against you; it does not call the parties. But you should have been made aware of the court order.
By law, you can write an objection to the court order within 10 days from the date of familiarization.
Record the moment of familiarization (take a copy of the order from the bailiff against signature with the date) and file an objection.
If the court order is canceled, you may be sued in court proceedings (you will be summoned), where you will be able to apply the statute of limitations.
The limitation period is 3 years (Article 196 of the Civil Code of the Russian Federation)
Code of Civil Procedure of the Russian Federation Article 128. Notification of the debtor about the issuance of a court order:

The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution.

Code of Civil Procedure of the Russian Federation Article 129. Cancellation of a court order

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the claimant that the stated claim can be presented by him in the manner of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued.

29. The bailiffs received a decree to collect rent arrears from me. I arranged an installment plan with the management company. Today I tried to negotiate to pay the bailiffs and the manager told me to pay in installments, or pay in installments, and they noted the bailiff. Useless! In addition, again from the same judge, subpoenas came to court on the issue of debt, but for a larger amount. Just for the installment plan. For bailiffs, it is less, since while the debt was being processed, it grew. Question. When the hearing takes place, can the judge reverse his previous decision? How should I behave in court? Thank you.

Lawyer Panfilov A.F., 50202 answers, 24690 reviews, on the site from 09/20/2013
29.1. No, he can not.
Conclude a settlement agreement with the plaintiff and ask for it to be approved by the court.

Lawyer Kukovyakin V.N., 10332 answers, 6741 reviews, on the site from 11/16/2017
29.2. Hello, Valentina!
A judge may cancel a court order if objections are received to it within the prescribed period in accordance with Art. 128-129 Code of Civil Procedure of the Russian Federation.

30. A summons came to the bailiff because of a debt on utility bills (150,000). It turns out that you also need to pay the bailiffs 7% of this amount?

Lawyer Tsukanov D.V., 1863 replies, 1424 reviews, on the site from 11/13/2018
30.1. Yes they should, the terms of payment are specified in the law.
Federal Law of October 2, 2007 N 229-FZ (as amended on March 6, 2019) “On Enforcement Proceedings”
Article 112. Enforcement fee
1. The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the period established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff’s decision - the executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.
2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.
3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.
3.1. In relation to several debtors for joint collection in favor of one claimant, the enforcement fee is collected jointly and severally in the amount established by part 3 of this article.