You will need
- - writ of execution;
- - statement to the accounting Department;
- - a statement to the court bailiffs service;
- - postal order;
- - Bank transfer.
If you are awarded to pay the debt, you can do this by transferring the entire amount in a single payment at the expense of the plaintiff. This type of execution of the judgment must be paid by Bank or postal transfer, to confirm the transfers in the form of a receipt. If you transfer the debt to the plaintiff from hand to hand, get a written receipt showing the entire amount and date of repayment.
The second variant of execution of the judgment. Please contact the accounting Department at the place of work a statement, please present the original and a photocopy of the writ, specify the Bank account number and home address of plaintiff. You will have to make monthly deductions from salaries and make payments to the plaintiff.
In case you do not have a permanent job or your income is irregular, you can do a monthly transfer postal order or Bank transfer to the account of the plaintiff. Minimum amount transfers must be specified in the writ. This can be a flat amount or a percentage of the minimum wage, which acts in the country at the time of payment under the claim.
The plaintiff has the right to apply to the court bailiffs, if within two months after the ruling of the court funds to his account received. Also, the plaintiff has the right to appeal personally on your business accounting and apply for debt collection, presenting the original and a photocopy of the writ. If you have a Bank account, based on the application of the plaintiff filed a writ of execution, the account may be seized to repay the amounts owed by court order.
In the absence of work, Bank accounts and personal transfers by court order, the bailiff has the right to make an inventory of your existing property with the subsequent realization in repayment of the debt. If any property you have, you will be arrested for performing administrative work until full repayment of the entire amount of debt.
Advice 2 : How to pay on court order
According to the Federal law 229-F3 "On enforcement proceedings" if you got a court order and a writ of execution, it shall, within two months of starting to repay the debt. Withto do this by any means, but you must have documents, confirming transfer payments.
You will need
- - the writ and a copy thereof;
- - statement to the accounting Department;
- - Bank checks, and receipts.
If you are awarded to pay the plaintiff, you may voluntarily submit an application at the place of work on the transfer of the amount of debt a fixed monetary amount or as a percentage. Instead of application, you may submit a copy of the writ. You monthly will calculate the appropriate amount, and transfer into a savings account or post office address of the claimant.
If you are awarded to pay to the Executive a sheet of alimony in favour of children or disabled parents, then one child or parent will calculate 25% of the amount of your income remaining after tax. For two children or parents – 33%, for three or more 50% or a fixed monetary amount if the court ruled that the payments will be made in a fixed amount due to your unstable income.
According to article 138 of the labour code you can't deduct more than 50% of the amount of income. Only in exceptional cases with the amount of income can calculate 70%. Exceptional cases include payments to the plaintiff while serving in a penal colony because of the damage, the presence of arrears of child support; payment of damages associated with the death of the breadwinner; the damages caused by the severe injuries suffered by the plaintiff.
If you are not working, you can make transfers. If you are awarded the interest rate on the Executive sheet, the enumeration may not be less than the amount of the minimum wage (SMIC). Or you can make payments in fixed amounts, where such order was made by the court.
Do not give money to the plaintiff from hand to hand. You should have confirming receipt of your payment, so make enumeration a Bank or postal money order and keep all receipts.
If you do not have funds to pay for Executive sheet, the bailiffs have the right to make an inventory of your property and implement it on account of repayment of debts on Executive sheet. Also have the right to arrest all of your savings and make them account for debt by writ of the sheet.
Advice 3 : What rights do bailiffs
If you broke the law and should, in due time to appear in court to repay the loan, to repay the debt, but not just don't want to do this, but hiding at home or perhaps at work, it will not be salvation for you. Sooner or later all the same will come strong tall guys in black uniforms with epaulets and the words of the Federal bailiff service — the Federal bailiff service. Unless, of course, they have that right.
Who is the bailiff?
Previously, they were called "sovereign's lyudmi". In modern language, the bailiffs are officials who are entrusted with power execution of court decisions on debt repayment to the state or people; those who are forced to deal with malicious debtors from eye to eye.
The right to look at the corners
Contrary to the opinion of ordinary people, the real rights in the bailiffs is not very many and they are all codified in law. Heading for the enforcement of the judgment, the bailiffs, in particular, have the right to:
1. Coming into apartments, houses or other spaces where living, working or hiding debtors. To open, if necessary, locked doors, inspect even hidden places.
2. To check the passports of everyone together with the debtor in the apartment or other premises.
3. To invite, if necessary, the police and other law enforcement agencies. For example, if the room can be weapons, explosives, drugs, or hostages.
4. Withdraw money in the amount specified in the writ.
5. To seize the property and value. But, of course, not all, but only what is stated in the decision of the court and can cover the debt or part of it.
6. The resistance to use physical force, special means and weapons.
7. To declare a debtor, if he escaped and is in hiding, wanted.
Bailiffs cannot take items without which man cannot live. It is clothes, shoes, food, something he is constantly working the apartment, if no other, as well as special vehicle or chair in the case when the debtor is disabled.
In the apartment, the organisation or the Bank the bailiff has the right to come only from 6 am to 10 PM. And only in those cases if the debtor does not have permission for a deferred payment, or has it already started to repay its debt.
If the debtor lives is not one, it must inform the bailiff and documents to prove the right of a family member or another person on his part of the property.
During the stay of the bailiff in the apartment and, especially, after his departure is not "gone" are also superfluous and not subject to seizure things, be sure to read the Protocol of the inventory and store the copy.
Is it possible to stick to other people?
The answer in this case will be positive. "Public" activities of a bailiff is allowed in a few special cases:
1. When initiation of proceedings about an administrative offence and carrying out in the framework of some action.
2. When checking the performance of an organization or a citizen of the judgment.
3. During the arrest of Bank deposits of the debtor.
Until 2009, the officers could claim a portion of the withdrawn property. There was a provision that if the debtor had not complied with the court's decision within five days, he was fined in the amount of 7%, and five of them went to the warden.
And the bailiff of the municipal court — the concepts are almost inseparable. As, for example, the right and left banks of one river. And the range of duties of the usher is very broad. He, in particular, had the opportunity:
1. If necessary, drive the debtor to the court to do so and against the wishes of the offender.
2. To guard the courthouse. This includes checking documents and bags entering the building, and upon the slightest suspicion a search (in the language of law enforcement this is called "to make personal examination").
3. To bring to court those who do not want to be there voluntarily, according to the agenda. And while resisting to use physical force, special means and even weapons.