How to negotiate with bailiffs and pay little by little

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Author of the article: Konstantin Milantiev

Last revised September 22, 2021

Reading time 11 minutes

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Becoming a debtor is not difficult - a wave of layoffs and rising prices are depriving people of the opportunity to pay loans and housing and communal services. Then the creditor wins the court, and the bailiffs begin to collect the debt. We tell you how to negotiate with bailiffs on the payment of debt in installments in order to pay in small installments and preserve property.

Obligations of the debtor

When an individual is served with a resolution to initiate enforcement proceedings, or he receives a notice from State Services, he has only 5 working days to repay the debt on his own.

But not every person has the resources to pay off debts. Execution of a court decision is the job of a bailiff (Bailiff), this civil servant is endowed with broad powers to collect debts. For example, failure to pay according to the writ of execution will result in the SPI introducing restrictions for the debtor:

• for trips abroad;
• for transport management;
• for the use of money in bank accounts - deposits, deposits.

The enforcement action also involves the sale of the defaulter's property in order to cover the obligations.

What is installment execution of a decision?

Installment of execution of a court decision means that the requirements contained in the writ of execution will be fulfilled in parts, step by step, within the time limits established by the court. To provide an installment plan under a judicial act, you must submit a petition according to our sample. And precisely to the court, and not to the bailiff. If we are not talking about a judicial act, the interested person submits a petition to the body (official) that adopted the relevant act.

The court may grant an installment plan due to the difficult financial situation of the defendant, which does not allow him to pay the entire amount awarded by the court in a lump sum. But there must be conditions when the debtor can pay the amount in equal parts, for example, monthly.

When applying for an installment plan, it is necessary to take into account that the court will strive to maintain a balance of interests of the creditor and the debtor. In any case, the decision must be executed within a reasonable time. Therefore, installment plans for more than 1-1.5 years are practically not used. Therefore, the maximum period for granting an installment plan for the execution of a court decision is 1.5 years. This should be taken into account when drawing up an application, because it must be justified. We advise you to write a maximum period of 1.5 years, and count on a period of no more than 1 year.

It is necessary to distinguish between requirements for granting installment plans and deferment of execution of a court decision. These actions have similar beginnings, but have different consequences.

Is it possible to get an installment plan from the FSSP?

Defaulters are often interested in how to get an installment plan for a writ of execution from bailiffs if it is not possible to pay off the debt amount at once.

It is important to be aware of what is happening. If you do not receive mail, you will learn about the restrictions of the bailiffs when you try to fly abroad or when your car is stopped by traffic police officers. Or from a bank SMS about forced debiting of money from a bank card marked “ID debt.”

FSSP employees monitor the finances of defaulters and their property. Then the bailiff:

• sends documents to the bank to write off money to pay off the debt, and if a salary or pension comes to the card, then up to 50% monthly;
• seizes property - car, apartment, dacha. If a person does not pay, and the debt is commensurate in value, then the bailiff has the right to take and sell the car or real estate (except for the only home).

How not to pay bailiffs by court decisionRelated article

The debtor should act immediately after receiving the decision - ask for an installment plan according to the writ of execution.

In 2021, bailiffs are more loyal, and it is quite possible to reach an agreement so that half of your pension or salary is not written off. Installment plans are provided to citizens on the basis of Resolution of the Plenum of the Supreme Court No. 50 of November 17, 2015, to debtors who have documentary evidence of insolvency. A person needs to prove in court that there are circumstances that do not allow him to repay the debt within the legal time frame.

How installment plans are provided - a sample application to the court

To ask for payment of a debt in installments, an individual needs to go to court. The application is submitted to the court that made the decision, or to the district court at the place of execution (in the same area where the bailiffs department is). The debtor himself or the bailiff has the right to ask the court to pay in installments if he sees that the person has nothing to pay. There is no state fee for filing an application.

Sample application to the court for installment payment to the FSSP - 18 KB

1. An application to the court for installment payment is drawn up in several copies: for the court, bailiffs, creditor and all interested parties (if there is, for example, a guarantor).
2. The header of the document contains the details of the judicial authority, the applicant, information about the court decision and debt.
3. The reasons that do not allow you to repay the debt are indicated: illness, presence of dependents and difficult financial situation, dismissal, reduction in income.
   All circumstances are documented: attach medical certificates, birth/death certificate, loan agreements, document confirming disability, dismissal order. The legislation allows the involvement of witnesses who are able to confirm the financial problems of the debtor.
4. A request is indicated to allow the debt to be repaid in feasible payments, as well as the term and terms of the installment plan (number of months, exact amount of the monthly payment). You need to independently develop a schedule of mandatory payments and attach it to the application.

When considering the application, the court will assess the situation and take into account the evidence. After making a decision on installment payment, the bailiffs, when working with an individual, will be guided by the established schedule for repaying obligations. If the debtor follows the court decision, he will not have additional problems with the FSSP.

They arise when payment is received in a smaller amount than the payment amount fixed in the schedule, or when payment terms are violated. Then the bailiffs will be able to re-raise the issue of forced collection of the debt and will go to court to cancel the order on installment payments.

How to protect your property from seizure

To prevent such radical actions on the part of bailiffs as arrest, seizure and sale of property, the debtor should get in touch in a timely manner and maintain contact with the IRS. It is necessary to convince the FSSP of your positive intentions and show your desire to implement the court’s decision with all your might.

For this, lawyers recommend:

1. Find out whether it is possible to agree with the creditor on a deferment and partial repayment of the debt. Perhaps the person or organization you owe will agree to work out a schedule and collect the debt slowly but surely.
2. Transfer at least small amounts, but regularly, so that the bailiff can see the seriousness of your intentions.
3. If there is money in bank accounts, information about it can be transferred to the FSSP to write off debt from them.

A popular question is: what will happen if you pay 100 rubles a week (or a month) according to a writ of execution, and will it be possible to protect property in this way?

Property is seized if the amount recovered exceeds 3,000 rubles. If the debt is less than 3 thousand, then nothing will be seized. With larger debts, the bailiff has the right to seize the property, but is obliged to take into account the principle of proportionality - the object that he is going to sell must be cheaper or equal in value to the amount of the debt. He cannot sell, for example, a dacha worth a million for a microloan debt of 50 thousand rubles. If the amount is significant, for example, 600 thousand rubles, then the bailiff has the right to seize the car, and 100 ruble monthly payments will not help.

Grounds for filing an application to defer the execution of a court decision

The grounds for going to court are circumstances that prevent the decision from being executed immediately.

These circumstances include the property status of the defendant. For example, if after some time the defendant waits for the receipt of a sum of money sufficient to repay the debt, he has the right to apply for a deferment. It is necessary to document that, after a certain period of time, the debtor will be able to fully comply with the court decision.

If for monetary obligations established by a court decision the grounds for granting a deferment are clear and logical, then for other obligations there is no such obvious situation. However, the circumstances of the defendant may be very different. The main thing is to convey to the court the need for this measure. And to convince that this method of execution will be beneficial to all participants in the process, will correspond to their interests, provide written evidence that the court decision will be executed within the requested period. Article 203 of the Code of Civil Procedure of the Russian Federation, which regulates disputed relations, also leaves the circumstances for granting a deferment to the discretion of the court.

How to ask for a reduction in salary deductions

The duty of FSSP employees is to ensure compliance with the court decision. The faster the better. Having received the writ of execution, the bailiff issues a resolution to begin proceedings on the debt and hands a copy of the resolution to the debtor. If within 5 days the citizen voluntarily fulfills his obligations, the issue will be closed. In the absence of payment, the bailiff will carry out forced collection, for which he will charge an enforcement fee - 7% of the debt amount, but not less than 1000 rubles. This is payment for the work of bailiffs.

Bailiffs are executors, so it is difficult to negotiate deferments and installments with them - when money appears in the account, the bailiff is obliged to write it off. But if, as a result of deductions from your salary, you are left with less than the subsistence minimum, you can submit a petition to the bailiff to reduce the amount of deductions.

Sample application to the bailiff to reduce the amount of deductions - 15.2 KB

Resolution of December 31, 2021 No. 2406

The cost of living per capita will be 11,653 rubles, for the working population - 12,702 rubles, for children - 11,303 rubles, for pensioners - 10,022 rubles.

Starting from 2021, the cost of living is set for a year at once, and not for a quarter, as it was before. In addition, if previously its value was determined based on calculating the cost of products included in the consumer basket, now it depends on the median per capita income in the country.

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If you have minor children to support, add a child minimum for each (see sample application). What should be included in the application to reduce the amount of deductions in the FSSP? Documents that will prove your income and expenses:

• 2-NDFL certificate or self-employed income certificate,
• notification of registration with the employment service,
• documents about illness (yours or your loved ones, if you took care leave and therefore did not receive income),
• Form 9 on family composition, birth certificates of children, marriage and divorce.

The bailiff will consider the application and make a decision - for example, to reduce the amount of write-offs, to withhold 25% from the debtor's salary every month.

If he refuses, you can complain to the senior SPI, but it’s easier to ask for an installment plan in court. The court will establish a collection schedule according to which the citizen will receive the minimum wage for himself and his dependents, or even provide a deferment for several months if the person is temporarily unable to pay.

Sample application to the court for a deferred payment to the FSSP - 18 KB

An individual against whom enforcement proceedings have been initiated must take the initiative and explain the situation. After making the payment, it is advisable to contact the bailiff and inform him about the payment. If problems occur that lead to a delay in the transfer of funds, you need to visit the FSSP branch in advance and notify the SPI about this.

Constant control over the progress of enforcement proceedings will allow you to avoid serious restrictions, forced collection of property, and seizure of money in bank accounts.

How to execute a court decision? Everything complicated in simple words

And so, let's deal with an important question,

How to execute a court decision?

If your case is considered by a court of general jurisdiction, the court decision will enter into legal force 10 days from the date of its issuance, if by an arbitration court - after a month. If the defendant files a complaint against the court's decision, the decision will come into force after consideration of the complaint - of course, unless it is canceled and the case is not sent for a new trial to the court of first instance.

The Federal Bailiff Service of Russia is the only enforcement agency in the Russian Federation and carries out the functions of compulsory execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose on individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation Federations and municipalities are obliged to transfer funds and other property to other citizens, organizations or the relevant budgets, or to perform certain actions in their favor or to refrain from performing these actions.

After the court decision enters into legal force, the plaintiff is issued a writ of execution to enforce the decision. If at a court hearing you file a petition to send a writ of execution for compulsory execution, the court will independently send it to the appropriate department of bailiffs. In all other cases, the writ of execution will be handed to you or sent to you by registered mail. If the decision is subject to immediate execution, the writ of execution is issued immediately, without waiting for the court decision to enter into legal force.

According to Article 36 of the Law “On Enforcement Proceedings,” a two-month period is established during which the requirements contained in the enforcement document must be fulfilled.

This period is traditional for legislation on enforcement proceedings.

The order of the bailiff on the execution of certain enforcement actions must be executed within fifteen days from the date of its receipt by the bailiff department.

The legislator separately stipulates the commencement of fulfillment of the requirements of executive documents for the reinstatement of an illegally dismissed or transferred employee.

Enforcement actions in this case must be started no later than the first working day after the date of receipt of the writ of execution by the bailiff department.

Article 211 of the Code of Civil Procedure of the Russian Federation establishes that a court order or court decision on: collection of alimony is subject to immediate execution; payment of wages to the employee for three months; reinstatement at work; inclusion of a citizen of the Russian Federation in the list of voters and referendum participants. Thus, immediate execution within the framework of enforcement proceedings means the performance of enforcement actions immediately, without giving the debtor time for voluntary execution.

Despite the fact that the law established a two-month period during which the requirements contained in the executive document must be fulfilled, it does not establish sanctions for missing the specified period. In addition, the expiration of the deadlines for carrying out enforcement actions and applying compulsory enforcement measures is not a basis for termination or completion of enforcement proceedings.

According to the Code of Civil Procedure of the Russian Federation, if a court decision has entered into legal force, the defendant has an obligation to fulfill it. Of course, you can wait patiently for the debtor to compensate for the damage caused, but then you take a little risk: the law establishes a three-year period for presenting a writ of execution for forced execution. Missing a deadline in accordance with Article 31 of the Federal Law “On Enforcement Proceedings” entails refusal to initiate enforcement proceedings.

It is more correct to take a different route - seek help from the bailiff service in

The parties to enforcement proceedings are the debtor and the claimant. The bailiff at this stage of the judicial process acts on behalf of the state, since it is the state that has taken upon itself the responsibility of administering justice, and is not interested in executing enforcement proceedings in favor of any of the parties, but performs its duties by virtue of the law. He is obliged to use the rights granted to him in accordance with the law and not to allow his activities to infringe upon the rights and legitimate interests of citizens and organizations.

If the debtor or claimant knows the grounds for challenging the bailiff, they can file an application addressed to the senior bailiff of the bailiff division before the commencement of enforcement actions, except in cases where the existence of grounds for challenge became known after the commencement of enforcement actions . The challenge must have serious grounds and cannot be filed only because, in your opinion, the bailiff does not have sufficient qualifications or is simply not sympathetic to you. The issue of recusal of a bailiff is resolved by the senior bailiff. Refusal to satisfy the challenge may be appealed in court within 10 days.

The bailiff is obliged to provide the parties to the enforcement proceedings or their representatives with the opportunity to familiarize themselves with the materials of the enforcement proceedings, make extracts from them, and make copies from them. The bailiff considers the statements of the parties regarding enforcement proceedings and their petitions, makes appropriate decisions, explaining the deadlines and procedure for appealing them. And of course, most importantly, he takes all measures for the timely, complete and correct execution of executive documents. To do this, he is given greater rights.

If we list these rights briefly, we can say that the bailiff has the right to receive the necessary information, explanations and certificates when carrying out enforcement actions; carry out accounting audits; seize the debtor's property and bank deposits; restrict the debtor's exit from the Russian Federation.

Giving the bailiff such rights is aimed at executing the decision specified in the executive document.

The claimant can and should demand from the bailiff the use of these rights. In addition, the claimant can participate in the execution of enforcement actions by the bailiff and even pay the costs of their implementation, which will subsequently be collected from the debtor and returned to the claimant.

The debtor has the right to know about the place and time of enforcement actions and to participate in them, but the burden of all adverse consequences caused by his evasion of participation falls on him. This means the following. For example, the debtor decided to leave the apartment or not open the door on the day the property was seized. The bailiff has the right to open the door, enter his home without the debtor’s consent and make an inventory of his property.

In the process of enforcement actions, both the claimant and the debtor can give oral and written explanations, express their arguments and considerations on all issues arising during the enforcement proceedings, object to the petitions, arguments and considerations of other persons participating in the enforcement proceedings, file challenges, appeal against actions (inaction) of the bailiff.

If, as a result of checking the property status of the debtor, it is established that the latter does not have funds and other property to satisfy your demands, the bailiff draws up an act of impossibility of collection and the writ of execution is returned to the claimant without execution. However, do not despair: the writ of execution can be presented for forced execution again within a three-year period (the presentation period is interrupted both by the presentation of the writ of execution for execution and by partial execution). It is possible that the debtor’s property status will change and this circumstance will entail the execution of the writ of execution presented by you.

During the enforcement process, it may also be necessary to search for the debtor or his property. To carry out this function, the Office of the Federal Bailiff Service of Russia in the Pskov Region has an interdistrict department of bailiffs for searching for debtors, property and interaction with law enforcement agencies.

According to the new law “On Enforcement Proceedings,” a writ of execution on the collection of periodic payments, on the collection of funds not exceeding 25 thousand rubles, can be sent by the collector himself to the organization that pays the debtor wages (pension, scholarship). In this case, the claimant submits an application indicating bank account details or the address to which funds should be transferred, as well as some other information about himself.

So, if you have a writ of execution issued by the court, then it must contain the requirements for writs of execution:

The Law on Enforcement Proceedings establishes general requirements for all types of enforcement documents defined in Art. 12 with the exception of decisions of the bailiff, court order and notarized agreement on the payment of alimony.

Law No. 229-FZ dated October 2, 2007 clarified the requirements for drawing up decisions in cases of administrative offenses, in particular, decisions on the collection of fines.

Yes, Art. 31.3 of the Code of Administrative Offenses of the Russian Federation, according to which a judge, body, or official, when sending a resolution in a case of an administrative offense to the body or official authorized to carry it out, makes a note on the said resolution about the day it comes into force or that it is subject to immediate execution.

Article 32.3 of the Code of Administrative Offenses of the Russian Federation, which regulates the procedure for executing a decision on the imposition of an administrative fine, collected at the place of commission of an administrative offense, includes the indication of the surname, first name, patronymic, year and place of birth, place of work and place of residence or place of stay of the person among the mandatory details of resolutions-receipts, brought to administrative responsibility.

Presentation of a document that does not meet the requirements of Art. 13, entails a refusal to initiate enforcement proceedings (subparagraph 4, paragraph 1, article 31 of the Law on Enforcement Proceedings).

An indication of the start time of the execution period must be made by the body authorized to issue the writ of execution.

A mandatory requirement for executive documents issued by judicial authorities is the signature of the judge who issued the relevant jurisdictional act and the official seal of the court. The absence of a signature or seal entails the invalidity of this executive document.

If an executive document is issued on the basis of an act of another body other than the judicial one, it must be signed by the relevant official of this body and certified by the seal of this body. If the executive document is signed by an official who is not authorized to sign it, the bailiff is obliged to refuse to initiate enforcement proceedings.

If the document is properly executed, then you have the right to present it for forced execution to the appropriate department of bailiffs, and send it directly to the place of work of your debtor.

Your decision may vary depending on your specific case.

If you decide to contact the bailiff service, then keep in mind that the presentation of the writ of execution is carried out by the recoverer or his authorized person, and an application form is filled out. In the application, in addition to the necessary data, you can indicate information about the debtor or his property, which will be taken into account and verified by the bailiff when executing the writ of execution.

Remember that the active participation of the claimant and his assistance can play a decisive role in ending the enforcement proceedings with actual execution.

How can pensioners repay their debts?

Russian legislation was amended No. 215-FZ dated July 20, 2020, which protected pensioners with credit debts of less than 1 million rubles. They were allowed to pay off overdue obligations in installments without fear of the bailiffs blocking accounts and inventory of property.

Citizens who receive a pension for the loss of a breadwinner, disability or old age, the amount of which does not exceed 2 minimum wages, have the right to installment plans. There are also a number of conditions:

1. The pensioner has no other source of income other than the monthly payment from the Pension Fund. If a self-employed pensioner who has officially received such status from the tax authority applies for an installment plan, he will be denied.
2. The debtor owns only a single dwelling; there are no other residential properties.
3. When studying the financial situation of a pensioner, bailiffs will not take into account the amount of existing savings, as well as movable property. The main thing is that his pension does not exceed 2 minimum wages.
4. Enforcement proceedings were initiated until 10/01/2020.

Installment plans are assigned for bank loans and borrowings that have already been transferred to bailiffs for collection. If enforcement proceedings have not yet been initiated regarding the obligations, debtors can resolve problems with the bank peacefully. To pay off debt, you can ask for a credit holiday or participate in a restructuring program.

If a pensioner’s loan debt is more than a million rubles, he is not entitled to installment plans. But then he can officially write off the loans through bankruptcy of individuals. This is more profitable, because at the same time you can write off debts on microloans, taxes, housing and communal services, etc.

Bankruptcy of a pensioner in 2021Related article

To receive an installment plan, a pensioner must submit an application to the local FSSP branch. And here the debtor will need knowledge of how to negotiate with bailiffs.

A payment schedule is attached to the application - money will be debited from the pension according to the schedule. The maximum period for which installment plans can be provided does not exceed 2 years, and the law sets the deadline for such concessions - until 07/01/2022. The installment plan issued by the bailiff will be transferred to the bank, and the bank will not be able to involve collectors in the case.

It is quite logical to conclude about the advantages of installment payment, which protects:

• from enforcement of a court decision;
• from blocking accounts;
• from seizure of property (except for property held by third parties or in respect of which appropriate restrictive decisions have already been made);
• from threats and illegal actions of collectors.

Installment plans impose restrictions. A pensioner cannot dispose of personal property (sell a car, for example), or act as a guarantor. There is also a strict requirement to comply with the payment regime in accordance with the schedule. For one delay, the completed installment plan will be canceled and will not be provided again.