Application to search for a debtor to bailiffs, sample

Order to search for the debtor

In the execution case, the bailiff has the right to issue a search order from the day when he considers that this is necessary, that is, according to his own well-founded conviction. If the search for the debtor’s property in enforcement proceedings is announced at the request of the claimant, the bailiff is obliged to issue a decision within three days from the moment he receives the application.

A sample resolution to search for a debtor-citizen is as follows:

“I approve” the senior bailiff of the Ordzhonikindze ROSP of the city of Magnitogorsk of the Federal Bailiff Service of the Chelyabinsk Region Ivanov P.I. "20" November 2021

DECISION on the search for a debtor-citizen

Bailiff of the Federal Bailiff Service of the Ordzhonikidze District of Magnitogorsk, Chelyabinsk Region Kozhemyakin Igor Sergeevich Magnitogorsk, st. Soviet Army, 6,

having considered the materials of enforcement proceedings No. 786567433, initiated on January 23, 2021 on the basis of the writ of execution of the Supreme Court No. 476223890 dated January 20, 2021 in a civil case at the claim of Anna Sergeevna Kuznetsova, residing in Magnitogorsk, st. Tevosyan, no. 40, apt. 90 to Kuznetsov Ivan Ivanovich, registered at Magnitogorsk, lane. Rzhevskogo, 18, apt. 87 on the collection of alimony for the maintenance of a minor child

installed:

In relation to Kuznetsov Ivan Ivanovich, born 12/09/1984, place of birth Magnitogorsk, Chelyabinsk region, registered at the address: Magnitogorsk, lane. Rzhevskogo, 18, apt. 87, there is no information about his location. Based on the above, guided by art. Art. 6, 14, 65 of the Federal Law “On Enforcement Proceedings”, bailiff

decided:

Announce a search for Ivan Ivanovich Kuznetsov, born 12/09/1984, place of birth Magnitogorsk, Chelyabinsk region, registered at the address: Magnitogorsk, lane. Rzhevskogo, 18, apt. 87.
The costs of searching for the debtor are recovered from the debtor Ivan Ivanovich Kuznetsov, born December 9, 1984, place of birth Magnitogorsk, Chelyabinsk region, registered at the address: Magnitogorsk, lane. Rzhevskogo, 18, apt. 87.
The search is to be entrusted to the bailiff of the Ordzhonikidze ROSP of the city of Magnitogorsk, Federal Bailiff Service of the Chelyabinsk Region.
A copy of the resolution should be sent to the parties to the enforcement proceedings: the debtor Ivan Ivanovich Kuznetsov, the collector Anna Sergeevna Kuznetsova.

The decision can be appealed in the order of subordination to a higher official of the bailiff service or challenged in court within ten days.

Bailiff Kozhemyakin I.S. ___________

How to find a debtor?

It should be noted that neither a previously executed agreement nor a receipt from the debtor can guarantee that the debtor will return the funds borrowed.

Also, in the absence of documents, you cannot turn to bailiffs for help.

Most creditors in this situation go to court, but this is wrong.

Applications received by bailiffs for the return of loan funds are not considered a reason to search for a borrower. In this case, the creditor must personally carry out the search. If the creditor is unable to find the debtor at the address indicated in the papers or he does not appear in court on the specified date, then the trial may be postponed.

As a result, it is the creditor who is an interested citizen in finding the debtor and presenting him with a loan invoice.

Investigation case

The next day after the decision to search for the debtor is issued, the bailiff opens a search case.
The case is registered in the register of search cases and assigned a serial number. The following documents will be attached to the case during the execution of the decision:

a copy of the resolution to initiate enforcement proceedings;
a copy of the writ of execution;
certificates confirming actions to search for the location of the debtor and his property;
claimant's statement, if any.

All information about wanted persons is entered into a special register of search for debtors, which can be found in the FSSP database on their website. To do this, you need to follow the link https://fssprus.ru/iss/ip_search.

The search register contains the following information:

Full name, date and place of birth of the debtor;
number and date of opening of enforcement proceedings indicating the writ of execution;
number and date of the search warrant issued;
amount of debt;
information about the search executor specified in the search warrant.

If, for example, you are wanted as a debtor for non-payment of fines, loans or alimony, it is better to act this way:

carefully read on the website of the FSSP (bank of enforcement proceedings) with the enforcement proceedings, which served as the basis for initiating a search warrant;
if the search is initiated by the claimant, try to ask him to write a statement to suspend enforcement proceedings;
negotiate peacefully with the debt collector to repay the debt;
contact the bailiff leading your production and resolve the issue productively. There is a high probability that sooner or later the location will be established and everything that is required to be recovered by law will be collected.

How does the search happen?

The bailiff within 3 days considers the received petition to begin the search. Based on the results of the consideration, a resolution is issued to initiate a search or a refusal to satisfy the applicant’s demands. This resolution must be signed by the senior bailiff of the territorial division of the FSSP or his deputy. The search procedure begins immediately. The executor is appointed either a separate bailiff involved in the search, or the bailiff who conducts this enforcement proceeding.

2 months are allocated for search activities, after which the search can be extended for another 2 months by decision of the official. The grounds for terminating the search case may be one of the following reasons:

the allotted period has expired;
property found.

Hotline for citizen consultations: 8-804-333-70-30

Sample application to search for a debtor and his property

An application to search for the debtor's property may be filed by the claimant. It is transferred to the bailiff conducting the proceedings. A positive decision is made on the application in the following cases:

the amount of debt exceeds 10,000 rubles;
if the debt is a non-property claim, the fulfillment of which is impossible without the debtor (for example, to publish a refutation of information discrediting the honor of the plaintiff);
recovery of alimony, damage to health and life, and the like (regardless of the amount of recovery).

How to properly submit an application to search for a debtor to the bailiff.

Before submitting an application, the claimant gets acquainted with the application materials. production in the bailiff service. For this purpose, a request for familiarization is written to the bailiff. It can also be written by a representative of the claimant by proxy.

Next, you need to analyze whether all possible actions were carried out by the bailiff (requests, making inquiries, making arrests, calling the debtor, visiting known registration addresses, etc.).

If the work has been completed in full and there is nothing to collect or there is no trace of the debtor, then the claimant draws up a search statement and submits it to the bailiff (or to the office of the SSP department).

A sample application to search for a debtor is as follows.

To the bailiff of the ROSP Leninsky district of the Sverdlovsk region from Olga Petrovna Rezanova, address: 456788, Ekaterinburg, st. Lenina, 90, apt. 134, Tel. 8-907-789-66-78 within the framework of enforcement proceedings No. 56456/876/2021

Application to search for a debtor

The ROSP of the Leninsky District of Yekaterinburg is in the process of enforcement proceedings No. 56456/876/2021, initiated on 09/12/2021 on the basis of a court order of the magistrate of the judicial district No. 5 of the Leninsky District of Yekaterinburg dated 08/10/2021 on the recovery of alimony for maintenance a minor child from the debtor, Oleg Viktorovich Rezanov.

Despite numerous requests to the address bureau, registration services and commercial banks about the presence of property in his property, open accounts, cash receipts and his place of residence, until now the location of Oleg Viktorovich Rezanov, born 12/09/1978. and his assets have not been established.

In accordance with Part 1, Part 3 of Art. 65 of the Law on Enforcement Proceedings, in the event that the taken enforcement actions failed to establish the location of the debtor or his property, in response to demands for the collection of alimony, the bailiff, independently or at the request of the claimant, announces a search for the debtor or his property.

Based on the above, guided by art. 50, 65 of the Federal Law “On Enforcement Proceedings” No. 229-FZ,

I beg:

Announce Oleg Viktorovich Rezanov, born 12/09/1978. wanted as part of enforcement proceedings No. 56456/876/2021.

Rezanova Olga Petrovna ______________ 12/10/2021

Based on the results of consideration of the application for search, the bailiff must, within three days, issue a decision to announce a search, indicating the period of search, or to refuse. If a child is wanted, the period is reduced to 1 day .

When searching for FSSP debtors, the claimant has the right to submit an application to suspend enforcement proceedings.

Actions of the bailiff before putting the debtor on the wanted list

Some debtors who do not live at their permanent address fear that one day they will be put on the executive wanted list, and they will not even know about it. Today we will tell you how the enforcement search for a defaulter and his property goes, how a creditor can submit an application, what consequences does the search have for a citizen and how can it end?

When are they put on the wanted list?

Often, for collectors and bailiffs, only the debtor’s property matters, which can be seized and sold without the presence of the debtor. Therefore, the search includes, first of all, property. However, if it is impossible to carry out any actions without the debtor, then the citizen himself becomes wanted.

In what places did debtors hide when bailiffs knocked on their doors: in the cellar, in the bathhouse, under the bed and even in the doghouse. But the most cunning defaulters begin to hide themselves and hide property even before the expected visit of the bailiff. We'll tell you how debtors are found and when servants of the law stop looking for them. Bailiffs have always been given the right to independently search for the property of debtors, and since 2012 they have already received the right to search for the debtors themselves. Bailiffs can resort to investigative actions against defaulters and their property either at the request of the person collecting the debt or on their own initiative. As part of investigative activities, servants of Themis can use the capabilities of the media, as well as information obtained as a result of conducting a private detective investigation. The maximum period allotted for search activities is two months. However, the FSSP clarifies that the specified period is not preemptive, i.e. if necessary, bailiffs can extend it. According to employees of this service, if the debtor and his property are not found, then the writ of execution, in accordance with which the collection was carried out partially or not at all, is returned to the claimant. The claimant has the right to re-submit the judicial act for execution. From 2021 the course of the period was changed, the collection period remained 3 years, but it begins immediately at the time of search activities, i.e. the time during which the bailiff searches for property, or the bank executes a court decision based on the presented writ of execution. If the debtor decides to leave the country for four years, then upon returning to his native state he may face the same problems. But you need to know that it will be very difficult for him to leave the country. The department explains that if the debtor fails to comply with the requirements of the enforcement documentation without a good reason, the legislation on enforcement proceedings provides for the restriction of the debtor’s ability to leave Russia, as well as the temporary repayment of the right to drive vehicles. Let us add that bailiffs use these capabilities very often. Hiding yourself from debts and hiding all your acquired valuables in another city will not solve the problem either. Employees of another territorial division of the FSSP of the Russian Federation also have the right to seize the property of the defaulter. If it is necessary to carry out certain enforcement actions and/or use certain enforcement actions in a region that is not covered by the powers of the bailiff, he has the right to instruct the relevant bailiff to carry out enforcement actions and apply enforcement actions. This order is sent to the relevant territorial body of bailiffs, and its representative must, within fifteen days (unless the order itself provides for a different period for its execution), carry out the enforcement actions specified in it and apply the required enforcement measures. If, during the implementation of the enforcement document, the place of residence/stay of the debtor has changed, and it also turns out that in the region covered by the powers of the bailiff, there is no property of the debtor on which it is possible to foreclose, then an act is drawn up and a resolution is issued regarding the transfer of enforcement proceedings to another division of bailiffs in accordance with the Federal Law “On Enforcement Proceedings” (Part 7, Article 33). Some debtors try to hide property by transferring it to third parties. It must be said that this is also unlikely to provide an opportunity to evade paying the debt. Bailiffs are able to identify imaginary and feigned transactions carried out for this purpose. The claimant can, through the court, have the transaction recognized as a sham, which will entail the seizure of the property. As you can see, the bailiffs are able to find opposition to any intricate plan of the defaulter to hide himself and his property. Changing your habits, leaving your hometown, leaving your loved ones for the sake of trying to get away from fulfilling your own obligations is, at a minimum, an unjustified decision.

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It’s easy to find trading platforms where debtors who are not burdened with intelligence indicate their personal cell numbers when selling dachas, cars and various property. Or they take pictures in front of the car when selling it and post it online.

After all, having the complete data of the debtor, the data of his phone numbers, which are the login for access to all social networks and instant messengers, the specialist can easily identify “Shurochek”, “GODZILLA” and similar “clever guys” on the vast expanses of the Internet.

The braggart is a godsend for the bailiff

“Bailiff Zen Natalya Petrovna,” suddenly the fairy’s voice booms in the debtor’s ears. So who imposed the ban on registration actions, that’s who this Zen is. The debtor decided that Zen was a seasoned operative, a reserve colonel of the Ministry of Internal Affairs, with a rough, strong-willed voice. And here is a 21-year-old girl. My Lexus - goodbye forever. Debts must be paid.

The place of unofficial employment of the debtor cannot be determined based on requests to the tax service, the Compulsory Medical Insurance Fund or the Pension Fund. The specificity of such work is that taxes on salaries and social contributions are not paid, therefore it is impossible to track such a place of work using official methods.

The search for liquid property, information about the debtor, and his place of employment is carried out not only within one city, but within Russia. If the debtor is officially employed in another city other than the place of permanent registration, this information will also be received by the FSSP as part of an interdepartmental request.

Note!

Even at the stage of opening enforcement proceedings, the bailiff has basic personal data regarding the debtor against whom the collection is being carried out. He knows the full name of the debtor, the address of his main registration, the address of actual residence and the Taxpayer Identification Number - this information is indicated in the writ of execution.

But usually the bailiffs give you access to the case materials on visiting days (Tuesday, Thursday) without written requests. You can submit your applications either in person or by mail. But taking into account how reluctant bailiffs are to send their decisions by mail, I don’t think that an exception will be made with regard to your statements.

But you have the right to revoke the writ of execution and send it to the Federal Bailiff Service in Sochi; perhaps in Sochi they have temporary registration, in connection with which the bailiff can initiate proceedings and seize the property of the debtors in the territory of Sochi.

Good afternoon, Dmitry! As an addition, I advise you to monitor the actions of the bailiff, request that he provide you with copies of requests sent by him to the Federal Tax Service, banks, Rosreestr, etc., as well as copies of responses to these requests. Bailiffs have established electronic document management with many organizations. When the bailiff initiates enforcement proceedings, the program (AIS FSSP of Russia) sends requests to banks, tax and other authorities. The bailiff receives answers within 7 days (Part 10, Article 69 of Law No. 229-FZ). The difficulty is that the bailiff often does not have time to read these answers. To find out exactly what requests the bailiff made, request a production summary from this program. In a bound file, there are often no copies of requests precisely because they are sent electronically.

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The legislation and the bailiff service in general and the enforcement procedure in particular are somewhat confused. As usual, our state is able to swindle a simple worker who receives a pension or salary on a card and has saved up money for a TV and an old VAZ. It is never possible to obtain anything in compensation from professional scammers and thieves (I apologize for the tautology). The situation is similar with homeless people and parasites. At the same time, it’s even scary to imagine how much the state (i.e., us) spends on maintaining the bailiff service (well, and a bunch of customs officers, tax officers, etc.).

Secondly, you can view debts from bailiffs online. To do this, you need to go to the website of the Federal Bailiff Service https://fssprus.ru/iss/ip/ There you need to select a territorial body, enter your data and click on the “Search” button. On the next page, enter the verification code and then you will receive all the information on your debt.

How does the search for a debtor take place?

In order for the search for property to be carried out in Sochi, you need to exercise your rights and submit a petition to send to the Ministry of Internal Affairs of Sochi a request to search for the property of debtors in Sochi in accordance with Article 62. Interaction of bailiffs with internal affairs bodies Also in within the framework of Article 64, require enforcement actions from the bailiff

If a citizen hides his property, more stringent measures may be taken. In particular, the law allows a specialist to enter the debtor’s home without his knowledge. All close relatives of the violator will also be subjected to thorough checks.

Solving problems with bailiffs Samoilov Sergey Alekseevich lawyer Nikolai Viktorovich Korolev lawyer Tatyana Mikhailovna Leonova lawyer Olga Evgenievna Mayorova lawyer Debt obligations arise very often in modern society. These can be both credit borrowers and citizens who do not want to transfer alimony to their children. You can often encounter a situation where a defaulter does not want to fulfill his obligations and hides his income.

How to get rid of the bailiffs, how quickly will they find me?

It can be appealed to the appropriate court within 10 days.3. If there are signs of a crime in the actions of a citizen or official who deliberately fails to comply with the legal requirements of the bailiff or impedes their implementation or otherwise violates the legislation of the Russian Federation on enforcement proceedings, the bailiff submits to the relevant authorities a proposal to bring the perpetrators to justice. criminal liability.

It is worth understanding that the defaulter will try to do everything possible to hide his place of work. Often, to achieve this, he negotiates with senior management and officially resigns from his position, although he continues to perform his professional skills, receiving a salary in an “envelope”. However, with the right approach to this task, finding out about the availability of a place of duty, and as a result, a source of income, can be quite simple.

How should the bailiff notify the debtor?

As the government of the Vologda region, which developed the project, notes, in most cases, companies moving to another region seek to avoid paying taxes in this way. According to the bill, tax authorities will be able to refuse to register a legal entity’s new address if the Russian Ministry of Justice proposes to deprive it of its only home for debts.

If a person does not repay debts on loans, alimony and other debts for a long time, then bailiffs begin to look for him. My ex-husband has not paid child support for four years now, and the debt has already exceeded 400 thousand. I went to court, received a writ of execution and turned to the bailiffs to collect the debt. I will tell you how bailiffs find debtors and what is needed for this.

What can serve as a basis for a search?

The executive search is described in Art. 65 Federal Law “On Enforcement Proceedings”. The basis for putting the debtor's property on the wanted list by the bailiffs may be the personal initiative of the bailiff service or the claimant's statement about the search. In relation to ordinary enforcement proceedings, the amount of debt must be at least 10,000 rubles .

Persons are subject to being put on the wanted list of debtors by bailiffs under the following circumstances:

the presence of requirements to protect the interests of the Russian Federation and its constituent entities;
on the basis of a court decision to remove a minor child;
alimony debts;
compensation for damage caused by the crime;
imposing a fine as punishment for a criminal offense;
legal debt over 10,000 rubles;
other cases.

Obviously, there are more than enough reasons to put a person on the wanted list.

Let's give an example: Debts on child support for minor children may arise if the defendant evades paying them under a court decision. The bailiff can independently prepare materials of the administrative case against the defaulter and bring them to the court at any time. In this case, the bailiff is also obliged to bring the draft dodger to court in person. Based on Article 17.14 of the Code of Administrative Offenses of the Russian Federation, a fine of 1,000 to 2,500 rubles is awarded. If you do not pay it within the 60-day period established by law, the bailiff may similarly be charged under Art. 20.25 Code of Administrative Offenses of the Russian Federation. By the way, under this article you can be arrested for several days. When a debtor begins to maliciously evade paying alimony, a criminal case may be opened against him. If you evade attending trials, the alimony provider will be put on the wanted list. And if you do not carry out the punishment according to the sentence (as a rule, this is correctional labor), you will also be put on the wanted list. They will order a search and if you do not report to the criminal-executive inspection.

Important: The bailiff in his order cannot arrest or detain the debtor. But if a debtor is discovered, he can be forcibly delivered to the bailiff department for execution of enforcement documentation.
If a search order is made by a judge when a sentence under a court sentence is not being carried out, then detention is allowed for up to 2 days (in special cases the period can be extended to 30 ).
When a criminal case is being investigated, a person can be put on the wanted list and taken into custody , but only if the search is interstate or international.

When a debtor is wanted

You cannot oppose the law. At any moment, the bailiffs can detect a draft dodger, and then they will have to answer to the fullest extent of the law. While on the wanted list, the defaulter will not be able to find an official job, open a bank account or get a card.

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What happens if you hide from the bailiffs

Some alimony evaders and other non-payers very skillfully hide from the bailiffs, even changing their residential address, last name, job, etc. As a result of such tricks, the search can take a long time and end in failure. In practice, it often happens that alimony workers successfully avoid FSSP officers for many years, accumulating alimony arrears of hundreds of thousands of rubles.

Please note, you may be interested in reading an article from our website How bailiffs describe a debtor’s property
Polite communication with bank representatives can bring you a short delay in loan payments
If you are unable to pay the loan now, contact the bank with a request for a loan holiday.

If your credit debt has led to a trial, then this is a direct threat of being put on the wanted list. However, to prevent this from happening, stay in touch with the bank and answer all phone calls. If the case does go to trial, then

Loan debt - first steps

at the place of residence of the plaintiff (if it was not possible to determine the place of registration of the debtor);
at the place of registration of the defendant (if you entered into a loan agreement or drew up a receipt, this address must be indicated in the text of the document).

Are individual safe deposit boxes rented from the bank in the name of such a person and what property is stored in them. This can be jewelry made of precious metals, precious metal bars, registered securities, paper bills, and much more. And - most importantly, there may be cash there. Yes, yes, exactly the kind they show us in crime films - in neat crispy piles.

Who is involved in the search, what actions

The search activities are carried out by the bailiff, who has the proceedings, that is, who made the decision.

However, information about debtors is distributed among other territorial divisions. SSP departments are closely involved in the case, where traces were left by the debtor and where the property is likely to be found. Information about this is transmitted to the leading bailiff. The latter coordinates further work.

In some (serious) cases, bailiffs may contact the police using the interdepartmental procedure. The latter are obliged to provide information and factual assistance.

During search operations, the bailiff can:

request information from banks, organizations and institutions;
check citizens' documents;
interview citizens;
conduct inspections of property, areas, premises;
access and study various documents;
organize joint raids with the traffic police and other control and supervisory services;
escort the debtor to office premises for personal identification and preparation of procedural documents;
other necessary actions.

How to look for debtors

Putting a person on the wanted list is a procedural action with a limited decision period - three days to establish the debtor’s place of residence or a day to begin search activities in relation to the child. Similar juices are allocated to the refusal of search activities.

To determine the debtor, bailiffs can use different methods for which they have full authority:

collect information about the debtor using personal data warehouses or operational databases;
check documentation for personal identification;
inspect the vehicles of wanted persons;
interview relatives, friends or colleagues of the debtor;
inspect premises, buildings, structures, areas, but cannot freely enter residential premises without police officers.

If it is necessary to find the property of a person mired in debt, bailiffs also act within the scope of their powers:

send requests to the property registration address (Rosreestr, regional department of the traffic police, banks, etc.);
seize prior to the auction for the sale of property;
inspect the debtor’s belongings to assess their liquidity for repayment of the debt;
place the movable property of the debtor in short-term storage.

But if we talk about searching for a debtor, then for this purpose the ATS databases are used, which contain information on everyone living on Russian territory. Moreover, bailiffs can use to search social networks, where an unsuspecting debtor actively shares details of his personal life, photographs in front of a car or place of work. Thanks to these pictures, FSSP employees can easily find the defaulter.