How to find out the debt from bailiffs?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Everyone got into debt at least once in their life. If the amounts are small, then they can still be remembered somehow. But when money needs to be returned to several instances at once, confusion can begin. If you do not pay off the debt on time, then at the most unexpected moment it can come out sideways. For example, during check-in for a flight, it turns out that the bank wrote a statement of claim against you and won the process. How to find out the debt from bailiffs?

Who might not be allowed to go abroad?

In art. 67 of the Law "On Enforcement Proceedings" it is said that persons who have debts for alimony, loans, taxes, fines, payments for housing and communal services, who, without good reason, overdue the deadlines for the return of funds, can be entered in the FSSP database. Based on these data, they will be restricted from leaving the Russian Federation. At the same time, no separate court decisionrequired. For individual entrepreneurs, the decision of the tax service to collect the debt is in itself an executive document. Based on it, information can be entered into the FSSP database. Therefore, it is worthwhile to find out the debt from the bailiffs in advance.

Moreover, any administrative violations can be the basis for initiating enforcement proceedings: failure to return money to the tax, traffic police, border, veterinary service, customs, labor inspection. Any fine must be paid within 30 days from the date the provision enters into force (Article 32.2 of the Code of Administrative Offenses). Then you should present to the body that issued the decision, documents confirming the fact of payment. If this has not been done, then all materials will be sent to the bailiff. Until this moment, you can safely travel outside the borders of the Russian Federation. And in order not to worry about this at all, you should find out the debt from the bailiffs in advance.

Restrictions

After the decision is made, the debtor has five days to voluntarily repay the debt. This right is spelled out in the document itself. If there is no answer, then the executive service may engage in the enforcement of debt collection, for example, to seize property. If the debt is not repaid voluntarily, then the violator is not en titled to travel outside the country. But if measures are taken to enforce debt collection, then such a ban is not always legal.

Example

IP owes the bank 5 million rubles. The bailiff collected the debt from the property - three registered onthe subject of economic activity of machines. It was found that, say, KamAZ IPs were not delivered due to fraudulent activities, and hatchbacks were stolen and put on the wanted list. Then the bailiff decided to collect the debt from the IP income. It was found that the person has a source of cash in the form of wages at the place of work from another entrepreneur. For 6 months, you can recover 50 thousand rubles in favor of the bank. Since the debt has not been fully repaid, the bailiffs can prohibit the offender from leaving the Russian Federation. But in this case, you can go to court and appeal this decision. But it is better to find out the debt from the bailiffs in advance.

The amount doesn't matter

There are no restrictions in the legislation on this matter. Even a penny debt can become the basis for adding the debtor to the "black list". But the tax authorities rarely apply with a writ of execution if the amount does not exceed 1,500 rubles. Documentation costs may not pay off. But there were cases when the control system allowed people with debts of several thousand rubles to leave the country. Failures happen, but rarely.

The Federal Law also does not specify the period for which the ban may apply. Order No. 36 of the FSSP Office for Moscow states that it cannot exceed 6 months. And then what? If the debt is not repaid, it is possible that the relevant authority will apply for a second order. Therefore, it is worthwhile to find out the debt from the bailiffs in advance and pay offdebt.

How the ban mechanism works

After the order is issued, the bailiff must send it to the debtor, as well as to the Migration Service. The latter enters data into the list of "travel restrictions". If such a person does not have a passport, then it will be impossible to obtain it until the debt is repaid. If there is a document, then a request is sent for its withdrawal for the duration of the ban. The bailiff does not have the right to do this on his own. In practice, passports are rarely confiscated. And if the document was not taken from the debtor, then the court may not recognize the decision on the ban as lawful.

There is a very important point in the procedure - the violator's failure to receive a decision to issue a ban. If the person does not live at the specified address or avoids receiving the message, then the sending is still considered valid. Therefore, it is worth worrying about free movement around the world in advance, especially if you know that enforcement proceedings are being conducted against you. When to check debts? At least one month before the expected date of departure.

How to find out if bailiffs have a debt?

Contact the Federal Bailiff Service (FSSP). Their branches are located in almost every city of the Russian Federation. But to get the information you need, you will have to visit the branch during office hours. In this case, it is possible that on the day of the appeal you will not receive all the necessary information. If the queue is long, and you arrived at lunchtime, you may not be able to make an appointment with a specialist. To those whonevertheless, I decided to personally visit the FSSP branch, you need to remember that throughout the Russian Federation this structure receives citizens on Tuesdays (from 8:00 to 16:00) and Thursdays (from 16:00 to 19:00).

Alternative way

If there is no desire to stand in line, then you can find out the debt from the bailiffs on the organization's website of the same name. It works around the clock. The list of debtors is truncated. The database does not contain data on the amount and creditors, but you can check the presence of the subject in the lists. According to the bailiffs themselves, every defaulter should be aware of their debts. Housing and communal services and banks do not immediately go to court. Tough measures are taken only against persistent non-payers.

On the main page of the site in the lower left corner there is a button "Learn about your debts". After clicking it, a page with information about the data bank opens. Below is a form to fill out. The first step is to choose the direction of the search. Only individuals can find out the debt from bailiffs by last name. To do this, the site will need to indicate the place of registration, full name, date of birth. Legal entities must indicate in the form the territorial registration authority, the name of the enterprise, the address of state registration. To find out the debt from the bailiffs of the Krasnoyarsk Territory, for example, or any other region of the Russian Federation in an open case, you need to select the "Search by IP number" item. The result is a table with a list of debts. You can pay off debt directly from the site. To do this, in the line "Service" you need to click on the button"Pay". The system provides several options for debt repayment: Promsvyazbank accepts Visa, Mastercard, Qiwi, Webmoney, Oplatagosuslug.ru cards. After payment, the information in the database is updated automatically. When you visit the site again, the page will display the message "No results were found for your request."

Options for the development of events

After paying off the debt, you must present to the bailiff a package of documents confirming the fact of payment. On their basis, a decision is drawn up to lift the restriction. This document is sent to the territorial branch of the FSSP. There, these data are entered into the registry. Copies of documents are sent to the migration service and the debtor. All services receive notifications once a week. Therefore, in order to exclude yourself from the "black list", it is worth paying off debts at least three weeks before the preliminary date of departure.

Conclusion

In case of any administrative violations, you can get into the base of "travel restrictions". In this case, a person may not even guess about it. The writ of execution is issued by the bailiff. There are two ways to find out the debt: visit the FSSP branch and sit in line or go to the organization's website of the same name and view all the data there. The second option is more preferable, since right from the page you can pay off the debt in several ways. And you don’t have to submit documents to update information in the database.