Before visiting bailiffs are required to send you a decision, which will indicate the maturity of the debt. For the time remaining before a forced foreclosure, you can pay the creditor or file a petition in the court for deferment of payment or payment by installments. If you follow the schedule of payments, the creditor won't bother you anymore.
If at the expiration of the specified period, the debt is not paid and installment, wait for the visit of the bailiffs. First check their identities and the existence of a court order of recovery. The bailiffs don't come on their own initiative. Their visit is the result of the hearing. Keep in mind that all kinds of collection agencies have nothing to do with the state bailiff service.
According to the Federal Law "On enforcement proceedings" bailiffs have the right to visit in the interval 6 to 22 hours. People, who had that night, you have every right not to open the door.
Be polite, and the bailiffs are just doing their job. Normally, they behave quite correctly. However, if you think that the representatives of the law speak in an inappropriate tone, you can safely point them to this or report them in writing to the immediate supervisor.
Don't try to hide from the bailiffs or ignore their arrival, not unlocking the door. Not found at the place of residence of the debtor may be declared wanted. With the written permission of the senior police officer may opening of the doors – it's better not to bring.
If the apartment is property not owned by you, prepare the documents proving this warranty certificate for equipment signed receipt or loan agreement to name of the owner. Bailiffs cannot seize your personal belongings and Essentials. Usually they are interested in consumer electronics, computers and, of course, the car.
The seizure of property should be present witnesses, e.g., neighbors. Their absence is a gross violation of the law, whereby the actions of the bailiffs may be challenged in court. Witnesses cannot be relatives of the debtor, claimants, or creditors.
Advice 2 : How to deal with collectors
Collectors are specialists in debt recovery, the mediators between creditors and debtors. Their duties include carrying out work on return of debts. The income of the collectors is directly dependent on the amount of recovered debts: the larger the amount of debt – more income. Such a direct interest compels to constantly improve working methods, and the newly invented forms are not always correct. That is why it is useful to know how to deal with collectorsand, if they came to your home.
Don't be afraid to talk with the collector. But first, ask them to introduce themselves, present their passport, a letter confirming his / her powers and assignment agreement (the original) – the assignment of rights of claim of the debt. If he refuses to give you your data and documents, just stop the communication.
If the collector politely introduced myself and began to lay out the case, listen carefully to him. Ask questions if you have any. Ask the collector to show the original document, based on which it requires to repay the debt. If one is not submitted, you have every right to qualify the actions of the collector as extortion.
If all the necessary documents you shown, including the original power of attorney, take the time to determine whether the authorized come to you the collector to commit the actions that he conducts or intends to conduct. That is, compare what is written in the power of attorney, with what and how does the collector. For example, he tells you that you have prepared all the appliances, after which he will withdraw it on account of your debt. Such authority, he certainly can not have, because inventory and seizure of property is possible only by court decision and solely bailiffs. However, ask the collector to show you the paragraph in the power of attorney under which it imposes on you such demands. If a point in the document (and it can't be by definition), you have every right not to obey, moreover, is to call the police or invite witnesses.
You are wise, if all communication with the collector will be locked. Use the video and photographs, the recorder, the individual functions of the mobile phone. Well, if you start your conversation will be held with witnesses. Demonstrate your knowledge of the law and your rights, stating that all records can be in the Prosecutor's office. In this case, your statement should not be threatening. Try to stay correctly, not srevices rudeness and insults.
Do not get lost and do not start to make excuses, and especially to cry in response to pressure and brutality. Rights to recover the debt from the collectors is not more than other, completely innocent people, because collection agencies are not law enforcement. Their representatives are behaving sometimes so unbridled, using psychological pressure on the debtor, being confident of the legal illiteracy of the population. Often their tricks really work. That's why laws should know.
If the arrangement initially adopted be negative, the collector threatens you, blames the cheating, insults or humiliates, feel free to call the police and write a statement.
In no case do not put their signature on any documents. Say that you want to show them to a lawyer.
You may not be allowed the collector in the house. The Constitution of the Russian Federation inviolability of dwelling is guaranteed.
Nothing and no one can stop you to resolve your relationship with your creditor without the mediation of collectors. You can go to court to protect their constitutional rights, and can negotiate with the collector on the installment plan paying off your debt.