How to pay your debt if it is transferred to bailiffs

If you did not manage to pay the penalty on time according to the court decision, you risk being subject to additional sanctions. So, in 2021, it was decided to ban all debtors from traveling abroad; perhaps these sanctions will be followed by new ones, so it is better not to delay paying the debt and the fine to the bailiffs. Having access to the Internet, you can find your debt and pay it at any time using online banking, the official website or application of the bailiff service or electronic wallets. Even without Internet access, you can always find Qiwi payment terminals in your city and make a payment. You will learn more about these payment options in this article.

Is it possible to appeal the collection of a traffic fine by bailiffs?

Attention: If 2 months have passed since the decision to impose penalties from the State Traffic Safety Inspectorate came into force, and the negligent driver has not repaid the debt, then the FSSP begins to collect the indicated amount.
The documentation reaches the Federal Bailiff Service 10 days after the fine is issued. But the initiation of a case of forced collection begins only after the period allotted to the driver for voluntary payment of the receipt has passed (60 days, not counting the appeal period of 10 days, for a total of 70 days). The procedure for interaction between representatives of the FSSP and debtors is regulated by Federal Law No. 229 “On Enforcement Proceedings” dated October 2, 2007.

The entire procedure for collecting unpaid receipts for traffic police fines by bailiffs can be divided into several main stages:

• Transfer of documents. This occurs within 10 days from the moment the fine is issued. The resolution clearly indicates the amount of the traffic police fine, the date of the violation and information about the person who committed the violation of traffic rules.
• Waiting period. It is 2 months from the date of entry into force of penalties. During this period, the bailiffs do not initiate forced collection of the debt, giving the driver the right to voluntarily pay the due amount.
• If the violator persistently ignores the end of the period allotted for paying traffic fines and has not asked for a deferment in advance, then the bailiffs will begin the enforcement procedure. In this case, funds are transferred from the debtor’s bank account to pay the traffic police fine in favor of the state. If it is not possible to withdraw money from a bank card, an inventory and assessment of the debtor’s property takes place. Subsequently, the described property will be sold, and the proceeds will be used to pay off the debt.

Attention
Even at the stage of initiating enforcement proceedings, the debtor has the opportunity to voluntarily pay off the debt on traffic police fines.

If the violator refuses to repay the debt on time, information about this goes into the GIS database. Based on this, the authorized person prepares an appeal to the court that issued the decision on monetary recovery. A copy of this document is automatically sent to the FSSP.

After receiving the appeal, the bailiff initiates enforcement proceedings, of which an official notification will be sent to the violator. From the moment of receipt of notification of the initiation of enforcement proceedings, the debtor has 5 days to voluntarily repay the debt. If the required amount is paid, then the enforcement proceedings for the forced collection of the traffic police fine will be terminated.

IMPORTANT

Even if the offender voluntarily repaid the fine within 5 days after the initiation of enforcement proceedings, he is also required to pay a mandatory fee. Its size is 7% of the fine, but cannot be less than 1000 rubles.

Considering that traffic police receipts are not very large sums of money, the debit can be made forcibly from the debtor’s bank card. The FSSP representative sends to the accounting department of the organization where the violator works a collection order and an order to withhold the specified amount in favor of the state.

If the offender does not have a permanent place of work, the bailiffs ask the tax service about the property, bank accounts and cards belonging to the debtor. If accounts are found, the bailiff sends a resolution and order to write off the funds to the banking institution. Then an inventory is made, forced seizure and subsequent sale in order to pay the fine.

Many motorists are interested in the question of whether it is possible to appeal the collection of a fine by the traffic police by representatives of the FSSP. This need arises if the receipt has been paid, and the bailiffs have written off the money from the card or current account, made an inventory of the property and seized it for the purpose of subsequent sale. To restore justice, you should submit an application to one of the authorities:

• FSSP to a senior manager (senior bailiff);
• Court;
• To the prosecutor's office.

In most cases, it is possible to resolve the issue by contacting the senior bailiff. Confirmation of payment of the debt must be provided, which will become the basis for termination of enforcement proceedings. If it is not possible to appeal the actions of the joint venture, then experts recommend filing a petition with the court.

We invite you to read: Valid reasons for postponing a court hearing.

It is advisable to contact the prosecutor's office if the actions of the FSSP representative are illegal and threaten the life or health of the offender (his family members).

Is it possible to withdraw money from a bank cash desk if the card is seized?

If you have a question about whether it is possible to withdraw money at the bank’s cash desk if the card is seized, it means that the bailiff has already imposed a penalty on your card.

In this case, it will not be possible to withdraw money from the card account at the cash desk. Moreover, most likely you will not even have time to get to the bank branch before your money is written off to pay off the debt.

Therefore, we recommend reading this article on how to withdraw money from a card that has already been seized >>

Rights and obligations of the debtor

Representatives of the FSSP have the right to collect debt from the debtor, which includes:

• the amount of the traffic police fine;
• the cost of the work of the FSSP representative;
• monetary penalties and sanctions imposed for violation of deadlines for payment of receipts;
• other penalties that are regulated by the current legislation of the Russian Federation.

Bailiffs can work closely with representatives of other government agencies and institutions to obtain the necessary information about the debtor and his location.

IMPORTANT
Representatives of the FSSP do not have the right to demand money from the violator in excess of the amount determined based on the analysis of each specific traffic police fine.

After the violator receives a decision to pay a fine from the traffic police, he is obliged to repay the debt within 2 months. If the driver does not agree with the actions of the traffic police inspector, then you can appeal the decision on the offense within 10 days from the date of its issuance.

For your information

If it is impossible to repay on time, the driver can write an application to the traffic police with a request for a deferment. According to the Code of Administrative Offenses of the Russian Federation Article 31.5. it can be 1-3 months.

What happens if you don’t pay the FSSP fine?

After the traffic police takes the motorist to court, the case of non-payment of fines in the form of a writ of execution goes to the desk of a specific bailiff. The bailiff initiates enforcement proceedings.

Stage I. The bailiff has the right to obtain any information about the debtor’s funds and property. The search begins for his assets, studying bank accounts, stocks, bonds, cars, apartments and houses.

Stage II. The bailiff, using the means available to him (mail, telephone, visit to the place of registration, appeals at the place of work) tries to contact the debtor and warn about the consequences of non-payment of the debt under the individual entrepreneur. Bailiffs are usually given 5 days to voluntarily pay the debt, but sometimes due to the busyness of the FSSP, this period is extended.

Stage III. The bailiff takes active steps to collect the debt - amounts of money are forcibly debited from bank accounts and deducted from wages and benefits.

The debtor himself is put on the federal wanted list. Information on it is uploaded to government databases. From now on, it is almost impossible to get a mortgage or loan. The debtor has no right to leave the country and may be detained if detected by a police patrol.

Stage IV. In some cases, bailiffs enter the debtor’s home, seize his property, and send the defaulter under arrest or to mandatory community service. In the worst case scenario, the guardianship and trusteeship authorities may become interested in the case. The question will concern the parental rights of the debtor.

We hope it doesn't come to this for anyone!

How to find out which banks the bailiff made requests to and what actions he took against you?

To quickly find out which banks the bailiff made requests to and what actions he took, you need to submit an application through the State Services to provide information about the progress of enforcement proceedings. But you should choose not “provision by the bailiff” but “online” . In this case, the provision of information occurs automatically from the data bank (Services - Authorities - FSSP of Russia - Providing information on ongoing enforcement proceedings - Providing information on the progress of enforcement proceedings (online)).

Providing information on the progress of enforcement proceedings online

Within a few minutes, the status of your application will be updated and files will be attached that need to be downloaded to your computer or opened. They will contain information about all requests made by the bailiff, as well as about the restrictions and arrests imposed.

Decision to initiate enforcement proceedings

The decision to initiate enforcement proceedings is made by the judge based on a petition from an authorized person. The violator is given a period of 60 days to voluntarily repay the debt. If payment is not received, a petition to initiate enforcement proceedings will be sent to the court.

First of all, a person must consider whether he actually paid a particular fine. Perhaps he had to transfer money to several places at once, and he simply forgot about one of the required contributions. Then you shouldn't blame the system or government workers. However, if there is firm confidence that the fine will be paid, then an error may occur on the part of the systems transferring the money. Here you will need to prove to the traffic police that you are right.

How to proceed:

1. You should immediately look for a receipt for the transfer of funds. If a non-cash payment was made through the State Services website, the receipt should be by email or on your mobile phone. If the receipt is paper, then it is important to keep it until the transfer of funds is verified by government agencies. Because otherwise it will be difficult to prove anything.
2. Now you need to visit the traffic police department at the place where the car is registered. You should go with a receipt, if, of course, you have one. There you will need to record the fact of transfer of funds. The employee will check the check and then record the transfer of money. Next, a note will appear stating that the person has paid the fine.
3. It also happens that the banking institution itself will contact the person to report the problem. In this case, you will need to go to the traffic police to make sure that the money has arrived.
4. It may also happen that the bailiffs will come straight to your home for non-payment. In such a situation, it will be necessary to visit their place of duty. In addition, you must send a receipt to the FSSP. Moreover, the letter must be registered.

We invite you to read: Fine for illegal building

Therefore, you should not remain silent if an unpleasant situation with bailiffs suddenly arises. Remember your rights and stand up for them so that you don’t waste money because of other people’s mistakes.

What to do to prevent the bailiff from coming home to inventory the property?

If your debt for enforcement proceedings is deducted from your salary, then there is no need to worry that the bailiff will also come home to inventory the property.

But if the actions taken by the bailiffs in searching for your income and property did not produce results, since you have no property and work unofficially, then you can reduce the likelihood that the bailiff will come home and inventory the property by making regular payments for the debt. Pay what you can every month, even 1000 rubles.

The most convenient way to pay the debt in installments is through State Services.

We mentioned in this article how not to pay a commission when paying off a FSSP debt >>

Reimbursement order

If the fine was not paid on time, then FSSP representatives begin the forced collection procedure after 5 days. Consequently, within 5 days the driver has the last opportunity to pay the traffic police fine on a voluntary basis.

Experts advise keeping your payment receipt. Information about payment of a fine does not always enter the database in a timely manner. If the traffic police fine has already been paid, and the bailiffs begin the enforcement procedure and send the debtor a ruling on compensation, then you should immediately visit the FSSP. You must provide a receipt of payment, which will serve as evidence and grounds for termination of enforcement proceedings.

Attention

If the debtor’s payment deadline expires and the amount of the traffic police fine is repaid on time, then experts recommend immediately sending a copy of the receipt by registered mail to the bailiff service.

Collection of administrative fines by the FSSP

The collection of administrative fines deserves special attention. According to the Code of Administrative Offences, 60 days are allotted to pay off an administrative fine. If payment is not made within the specified time frame, additional penalties may be applied to the violator (Article No. 20.25 of the Administrative Code). These include:

• increase in the amount of recovery by 2 times;
• arrest up to 15 days;
• compulsory work for up to 50 hours.

It is necessary to clearly monitor the repayment period of the traffic fine debt. If it falls on a weekend or holiday, the period is transferred to the next working day. Experts recommend that you independently calculate the final repayment period of the debt to avoid the imposition of repeated sanctions.

Please note
: If the violator requests a deferred payment, he must pay the specified amount 2 days before the end of the term.

If established deadlines are violated, bailiffs actively interact with other government bodies. This allows you to find the violator and collect the debt from him.

Methods without commission

Attitudes towards deducting a commission for payment can be different:

• For some, the size of the commission is not important. For example, the debtor wants to pay a small fine to the traffic police if it has already been handed over to the bailiffs. The amount of the commission in this case will be a couple of tens of rubles, and the payer will most likely choose the most convenient and fastest payment method.
• Someone is looking for the opportunity to pay off a debt to the FSSP without a commission. If a large debt needs to be paid, and the debtor is already in a difficult financial situation, he will probably try to avoid additional expenses.

At the moment, debtors have only three interest-free ways to transfer money to the FSSP deposit account.

ELPLAT

The electronic wallet “ELPLAT” was created specifically for paying any budget payments via the Internet: taxes, court debts, contributions to the Pension Fund. This service allows you to pay your debt to the FSSP without commission. However, replenishing this wallet for an individual is always paid: from 1.5% to 5%, depending on the type of account verification.

Personal account "Yandex.Money"

To pay a debt to bailiffs without commission on the Yandex.Money portal, you need to follow the algorithm:

• Go to the “Payment for services” tab.

• Select the “Taxes” section.

• In the “What we use” column, select “Receipt”.

Collection deadlines

If the debtor persistently hides from representatives of the FSSP (changed his place of work, place of registration or residence, etc.), then the statute of limitations for enforcement proceedings is 2 years. After this period of time, the bailiffs will not be able to recover the required amount from the violator.

That is, if from the moment the resolution comes into force, the bailiffs have only two years to find the debtor and forcefully collect from him payment of the traffic police fine. In this case, an inventory of property, seizure of securities, etc. can be carried out. After the end of 24 months from the date of entry into force of the resolution, it is not possible to collect the debt. (Article 31.9 Part 1 of the Code of Administrative Offenses of the Russian Federation).

If I have loan debts, can I fly abroad?

Unpaid loan debts are not grounds for a ban on traveling abroad. Even overdue debts are not a reason.

In order for you to be banned from traveling abroad, the bank must have already filed a lawsuit against you, the amount of debt must be more than 30,000 rubles (in most cases), the bailiff has initiated enforcement proceedings and set a restriction on travel.

That is, even large debts from bailiffs do not always mean that a travel ban has been established.

We wrote about how to check exactly whether a restriction on leaving the Russian Federation has been imposed on you in this article>>

Step-by-step instructions for appealing

If the driver decides to appeal the collection of a traffic fine by the bailiffs, then he should follow a simple algorithm of actions:

• competently draw up an application for appeal;
• submit it within the deadlines established by law;
• obtain a court decision.

IMPORTANT
You can appeal only in the first 10 days after the violator learned about the repeated write-off of the debt (Article 122 of the Federal Law-229 “On Enforcement Proceedings”). In the future, you can appeal if the initial deadline was missed for a good reason. For example, due to illness.

The second, important point is the scrupulous preparation of an application to appeal the decision of the traffic police inspector. If the driver has difficulty filling out the form, it would be a good idea to seek the help of a professional lawyer. He will not only help you fill out the application form correctly, but will also suggest the correct model of behavior during the appeal process.

We invite you to familiarize yourself with: Vehicle examination and assessment

A completed application to appeal the illegal collection of a traffic fine by the Bailiff Service must contain the following information:

• The header should reflect the name and address of the institution where the driver is applying. Details of the offender (full name, registration or registration address). Information about the authorized person who issued the traffic police resolution.
• Name of paper. It may take the form of a petition or application to appeal the decision of the traffic police. The wording “about illegal actions of a representative of the FSSP” or “about the inaction of a representative of the FSSP service” is also possible.
• Fill out the body of the form. It should reflect information about the decision made. It is also necessary to indicate the date and place of seizure of property and describe the actions performed by the bailiff.
• Provide links to regulations that were violated by the bailiff. You should be especially careful at this point. If you are unable to find regulations on your own, you should seek the help of a qualified lawyer with extensive experience in handling similar cases. It would not be superfluous to record the consequences that resulted from the actions of the bailiff.
• Make a request to cancel the completed action. Add date and signature.

A prerequisite is the provision of the necessary package of documents. It includes:

• Correctly completed payment documents confirming the fact of repayment of debt on traffic police fines.
• A copy of the resolution of the bailiffs who carried out the forced collection of the debt;
• Other documents at the driver’s disposal that can confirm the applicant’s correctness.

For your information,
Experts recommend not delaying the payment process and not letting the situation get to the point where bailiffs are involved in collecting the debt under the traffic police fine.

The debt has been paid, but money continues to be deducted from your salary/pension, what should I do?

Many people who had FSSP debts are faced with a situation where the debt has already been paid, but the employer continues to count out the money and the next salary comes again with a deduction of 50%.

This happens if the bailiff did not send a resolution on the cancellation of foreclosure measures on time. Or he sent it, but indicated, for example, the wrong number of the enforcement proceedings.

In such cases, the money is transferred to the FSSP account, and then, after some time (usually several weeks) is transferred back to the debtor. And this situation can repeat from month to month. A person may sincerely not understand why, for example, a pension comes to his card in parts.

In such a situation, you need to go to the bailiff and get a resolution from him to cancel the foreclosure measures , having first checked the specified IP number. And take it to the accounting department at work/pension fund (depending on who transfers the money to the FSSP). Only this will help quickly solve the problem of write-offs for an already paid debt.

Nuances

It should be remembered that it is impossible to refuse to pay penalties imposed by the authorized body. But the issued receipt can be appealed in court if the driver has the necessary evidence, as well as witness testimony.

Attention

According to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, during the first 20 days from the moment the decision is issued and it comes into force, the driver can pay only 50% of the amount of the receipt. By taking advantage of this right, the violator not only saves himself from the unpleasant moments associated with communicating with representatives of the FSSP. But it also saves your own money.

It should also be understood that when evading debt payment, bailiffs may limit the debtor’s right to travel to the border or apply for administrative arrest (in case of malicious evasion).

How to pay only part of the debt to the bailiffs?

If there is ongoing enforcement proceedings, but there is no money to fully pay the debt, it makes sense to pay the debt to the bailiffs in installments.

The easiest way to pay part of the FSSP debt is through the State Services website. There you can edit the amount to be paid by card and pay only part of the debt.

The commission when paying bailiffs at State Services is 1%, which is quite significant, especially for large amounts of debt. But when you pay with a Tinkoff Bank card, you will receive cashback for this operation, which will fully cover the amount of the commission.

You can read more about the Tinkoff card and leave a request using the link>>

If the debt is not displayed on the State Services website (which happens quite often), then you need to go to the official website of the FSSP in the database of enforcement proceedings and find your debts by full name.

Then you need to click “pay” and select “Government services”:

The State Services page will open, where you can edit the amount of the debt and pay it.