2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
It often happens that people are in no hurry to repay loans, pay alimony, debts on receipts or pay for those goods and services that they have purchased before. Sometimes this problem can be solved quite simply and easily, but it happens that you have to seek justice in court. And it is in this case that it becomes possible to collect the so-called ID debt.
What is ID Debt? This is the payment of a debt on a loan, a receipt, or if it is necessary to pay alimony, even if the debtor himself does not know about it. It is issued under an executive document, which can be issued in court.
What is an executive document?
This paper can only be issued to the recoverer by the court. It is an official document with the help of which a creditor, without the knowledge of a defaulter of debts, can write off some funds from his account. In addition, executive documentgives the creditor the right to present claims to the debtor in court.
Because this document is official, it can only be considered valid if it is signed by a judge and bears a special seal bearing the coat of arms of the judiciary. In the event of the debtor's insolvency, the ID debt can be repaid with the help of his property. That is, the court has the right not only to arrest the defaulter's property, but also to evaluate it and put it up for sale. At the same time, the creditor is given a choice: either take some part of the property as payment of the debt, or take money from its sale.
How is ID debt repaid?
ID debt makes it possible to repay it periodically, usually once a month. This is quite convenient, since the payer does not need to constantly remember the payment period, they will be repaid automatically. Most often, the payment period is tied to a specific date, for example, to receive a salary, scholarship or pension.
What else do you need to know about the payment of ID debt?
It must be understood that from the very first day when the court issued the writ of execution, the first period of the payment period begins. If the payer does not pay the required amount of money before the last working day of the current first period, then by doing so he violates the rights of the recoverer. In this case, it will be considered as debt evasion and may lead to serious consequences.
As a rule, ID debt is paid in case of alimony, when frequency plays an important role. But it also happens that the creditor agrees to receive the debt in installments, and the court may decide to issue a writ of execution to the recoverer.
To the claimant: you won the trial of the debtor, what to do next?
Even if you won the court and received the documents of execution, this does not mean at all that the debtor will definitely pay the debt. What should the claimant do in such a case in order to receive his legitimate money?
If the defaulter's debt is less than 25 thousand rubles, then all official documents can be sent to the debtor's employer. In the same case, if this amount is much larger, then it is necessary to send the enforcement documents to the bailiff at the place of residence of the defaulter. Documents must be accompanied by an application signed by the claimant. Among the powers of the bailiff, a special place is occupied by the application of various sanctions, up to a ban on leaving the country.
It is worth remembering that if the debt is paid from the salary, the creditor will receive the money within three working days after the due date. Therefore, be prepared that you will receive the money later.
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