Today, a huge problem in our society is debt. Courts are inundated with creditors' claims for repayment. Debtors must remember that fines, penalties, interest - these are not the only losses in the event of collection of a debt through a court. There is a performance collection of bailiffs. It will be discussed about him further.
The concept
The performance collection of bailiffs is another sanction against the debtor for untimely return. Its nature is simple: it is, in a way, a payment to the state for the work of bailiffs to recover a debt if the decision is not implemented.
The performance collection of bailiffs is considered a punishment. At the same time, he gives an additional incentive to fulfill all the requirements of the court on his own, because otherwise he will have to give more than the court ordered.
Decree
The decision on the collection of the performance fee contains all the necessary information: the name of the bailiff unit, information about the decision, details for payment, appeal procedure. It shall be issued if the debtor has not voluntarily fulfilled the requirements of the writ of execution. According to the law, he must be informed in writing of the decision. In practice, unfortunately, this is often violated.
Terms
There must be two conditions under which decisions are made on the decision to charge a performance fee:
- Failure to execute the executive document on time.
- Lack of evidence of impossibility of enforcement.
Voluntary compliance
A performance fee may not be appointed if the debtor has voluntarily fulfilled the requirements within the time limits set by the bailiffs. It should be understood that this applies only to those court decisions that were first received by the bailiffs. What does it mean? The fact is that, by law, a writ of execution will be returned to the creditor if the debtor has physically no property that can be recovered. However, this does not mean that the former does not have the opportunity to re-appeal. In this case, a performance fee will be assigned.
5 days are allotted for voluntary execution. During this time, the debtor can fulfill the requirements of the court and avoid additional costs. Weekends and holidays are not taken into account. You also need to know that the debtor is required to properly notify the writ of execution in one of the following ways:
- Personal check out.
- SMS, phone.
- Mail correspondence with a notice.
If the debtor refused to accept the registered letter, then this will not help him avoid sanctions. By law, it will be considered officially notified. What is the size of the performance fee? Further about this.
Bailiff enforcement fee: size
The amount of the fee is 7% of the amount collected. This is a very impressive percentage. Suppose the debtor was awarded half a million. The amount of the fee will be 35 thousand rubles. Minimum amounts apply to small amounts:
- 1000 thousand rubles - for individuals;
- 10 thousand rubles - for legal.
Other amounts for non-property claims. They are not amenable to cost estimation; accordingly, it is impossible to recover interest. In this case you have to pay:
- 5 thousand rubles - to individuals.
- 50 thousand rubles to organizations.
Collecting a performance fee
The bailiff must notify the debtor that proceedings are being conducted against him. This is often not respected. People complain that they are withdrawing money from bank cards without warning. They didn’t move anywhere, they lived at the same address, they didn’t change either their work or the bank account. However, all the same, the bailiffs did not warn them properly, and blocked the accounts. Know - such actions are illegal.
Bailiffs are required to make sure before collection that:
- the debtor was given a period to voluntarily execute the judgment, but it expired;
- there is evidence that the debtor is aware of the decision;
- the debtor did not provide any evidence of the reasons for which he was unable to comply with the requirements.
The performance collection of bailiffs is appointed by a separate decree. About him must also warn the debtor in the prescribed manner. It is important to know that no one is obliged to hire detectives and look for a person to serve the document. According to the Law, a citizen is considered notified if there is a note that the postal officers tried to hand in the correspondence personally, but for some reason this could not be done. Mistakenly, our citizens believe that if you do not personally receive a letter, then the notification is invalid. If the debtor wants to avoid unnecessary financial waste, then he must take all measures to control his incoming correspondence.
There are good times when a fee is not charged. We will analyze them further.
Good cases of exemption from collection
The executive fee is not charged in cases:
- force majeure;
- upon deferral.
The last paragraph does not raise any questions. And what does force majeure mean? What falls under this concept?
Force majeure refers to circumstances that preclude the possibility of paying. For example, a flood. A person lives in special climatic conditions in which there is a high probability of flooding. Roads are blurred, people are held captive by the elements. In this case, this circumstance will fall under the concept of “force majeure”. Do not forget about the importance of proving circumstances that are valid. There are some cases when the subject is completely exempted from this payment. We will analyze them further.
Lack of performance fee
The following situations are exempt from collection:
- Upon repeated presentation. It follows from this that it is unlawful to present a fee to the same writ of execution several times.
- Acts on interim measures.
- Decisions related to the reimbursement of the costs of bailiffs.
- Requests related to tracing children.
How to appeal decisions
It is important to understand that all decisions of the bailiffs cannot be appealed in the order of subordination. This means that it is useless to contact the senior bailiff for the legal document itself. Of course, higher authorities will consider illegal actions or inaction, but decisions already adopted will not be canceled. Therefore, it is necessary to appeal the document itself for the obligation to pay the performance fee only in court.
How to reduce the fee
Legally, you can reduce the amount. There may be several reasons for this:
- The debtor paid off part of the debt after a court decision, but before the initiation of proceedings on the writ of execution.
- The debtor repaid part of the debt during the period of voluntary repayment.
- By the tribunal's decision.
The court has the right to reduce the fee. For this, it will be necessary to prove that there were reasons that prevented payment of the debt on time. For example, a serious illness, trauma. It is important to know that the debtor is required to pay immediately after treatment. The difficult financial situation is not a significant reason to reduce the size of the fee.
Conclusion
So, we examined the concept of a performance fee, determined the size of property and non-property disputes. Explained which cases are exempt from collection. Performance fees can be legally reduced.