Bailiffs learn the restriction of travel abroad. For what you will not be released abroad

     Border control officers do not have the right not to let you go abroad if they do not have regulations on this. The mere existence of a debt cannot serve as a basis for restricting the right of exit. The relevant decision is taken by the judicial authorities, and the legislation provides for a certain sequence of actions. The court decision that the debtor is obliged to repay debts is not enough in this case.

How does this happen

If you have a large amount of rent arrears, the management company and resource providers are entitled to file a lawsuit against you. The amount of debt is regulated by the Housing Code. It may vary by amendments, therefore, having received a subpoena, do not forget to clarify this issue. In this case, it is not necessary to rely on judicial delays, cases on claims of public utilities are considered very quickly. You should not try to avoid participation in the court hearing, because such a decision can be made without you. The court decision will indicate that you are obliged to repay the debt in a certain period. This decision is not a basis for restricting the right to travel abroad. In many regions, there is a practice of debt restructuring, so you can sign an agreement with public utilities that you undertake to pay the debt in installments within certain terms.

If you have not fulfilled the judgment

If you pay your debts carefully, you can safely go on a trip abroad, no one will stop you at the border. It is a different matter if you do not comply with the court decision. Then your creditor has the right to contact the local department of the Federal Bailiff Service. Then enforcement proceedings will be opened and a decision can be made on how to collect debts from you. But in this case it is not at all necessary that the restriction of the right to go abroad will be a measure of the impact on the debtor. Legislation provides for other measures. For example, bailiffs can describe property, seize a car, and arrest a bank account.

To avoid surprises

If you paid the debt after the enforcement proceedings were opened and the decision was made not to let you go abroad, do not forget to notify the bailiffs that you all paid. Neither the bank nor the utilities will take care of this. To report your actions to the bailiffs, it is enough just to come to the local administration and show the paid receipts.

Public utilities and management companies annually receive less money. The reason lies in the debtors. These include both malicious defaulters and delayed payment.

Instruction

Do not immediately contact the court. Try to talk to a tenant who owes a utility services. Perhaps he has a difficult situation, and he will be able to pay off soon. Tell him about the breakdown of the beginning of the heating season, the financial problems of the HOA. If the dialogue did not succeed, send an official written notice to the debtor by registered mail with a request to pay off the arrears. Indicate that otherwise the energy supplying company or the company servicing your home, homeowners ’partnership will be forced to go to court with a claim to recover debt.

If the tenant also did not respond to the notice, collect the general meeting of the homeowners ’association or the tenants of the house together with the management company. Put on the question of action against the debtor. Be sure to complete the minutes of the meeting. Best of all, if you invite and the culprit of the incident. Among the possible decisions of the assembly can be both recourse to the court, and disconnection of the debtor from sources of energy, gas and water supply. Also send a copy of the protocol to the debtor.

If this did not affect the debtor, write a statement to the court on behalf of the chairman of the HOA, the management company or the supplier of utility resources to the public. The statement must be addressed to the magistrate. If the magistrate’s court accepts your application and starts the trial, be sure to be at all court sessions, prepare documents confirming the fact of the debt, the amount of the debt. Ask your neighbors to testify that the debtor resides in the living space. Wait for the court decision. Remember, according to a court decision, the debtor can either collect the debt or evict it from the apartment.

If the debt was formed due to the long absence of the tenant at the place of residence, to recover the full amount of the debt through the court is unlikely to succeed. The court will take into account that the debtor did not live in this apartment, and will require recalculation of utility bills.

Maintenance obligation is a legal relationship that arises on the basis of legal facts provided by law. According to the Constitution of the Russian Federation, all minor children have the right to receive maintenance from each of the parents, regardless of whether they are legally married or not. Thus, alimony is a specific legal instrument that protects the rights and interests of children in this regard.

Instruction

According to family law, there are two procedures for the payment of alimony: by a court decision and by mutual agreement of the parties or independently. If the parents could not agree peacefully, then the recovery of alimony can be made through the courts. Moreover, it is the spouse with whom the child has the right to dispose of these funds. Thus, he can file a claim for the recovery of alimony from the debtor. However, the maximum period from the moment of granting the writ of execution is 3 years.

The payment of alimony is carried out directly under the control of the court by the organization where the debtor is working or studying, who is obliged to pay the alimony. The fact is that the responsibility of the management of the organization is to deduct from the due salary or other income the amount of alimony, which corresponds to the amount specified in the writ of execution. On the basis of the Federal Law on Enforcement Proceedings, the amount of deductions for alimony payments can reach 70% of the debtor’s earnings. In the event of the debtor's dismissal and upon his admission to another job, the administration of this or that organization is obliged to immediately inform the bailiff at the place where the judgment was executed.

It also happens that a parent raising a child does not have any material claims to the former spouse at all. And he simply decides to independently transfer funds for the maintenance of his child. Often, spouses, when divorcing, draw up a special alimony agreement among themselves, in which certain conditions for the payment of alimony are prescribed. This option is the simplest, since it allows you to solve all issues without conflict situations and judicial red tape. It should be noted that this document is advisable to notarize that it is legally binding.

It is necessary to know that maintenance obligations should be approached responsibly and strictly follow the rules established by law. Indeed, in case of malicious evasion from the payment of alimony, civil and even criminal liability is provided. It is always necessary to document the transfer of funds for the maintenance of the child. An ordinary receipt may well be suitable for this. However, the best method of payment is non-cash transfers of money to a savings book or to a current account. It must be remembered that in case of prolonged non-payment by the citizen of the alimony, the recovery of the debt on them can be turned on any property of the debtor except for the property on which the law cannot be levied.

The presence of outstanding debt may limit the possibility of going beyond Russian Federation. However, this, fortunately, does not apply to all types of debt.

If a person has an outstanding debt, a penalty can be applied to him, such as restricting travel outside the Russian Federation. This possibility is provided for by Article 67 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.

Amount of debt

At the same time, however, it is worth remembering that such a serious measure, which can deprive the debtor of a long-awaited vacation or the opportunity to go on a foreign business trip, can be applied only if he has relatively large debts. This condition is established by paragraph 1 of Article 67 of the specified regulatory act.

This section of the current legislation provides that if we are talking about a debt of an individual, such a measure as restricting travel abroad can be applied to it only if its debt obligation exceeds 10 thousand rubles. Thus, all debts that do not reach this amount cannot be considered as grounds for imposing such a limitation. Therefore, for example, one unpaid fine for violation of traffic rules or delay in paying for utilities for one month is unlikely to be the cause of a spoiled vacation.

Terms of use of the restriction

In addition, it should be borne in mind that the restriction on exit is not a direct consequence of the delay in debt obligations: in order for the defaulter to be able to apply this measure, it is necessary to implement a number of bureaucratic procedures.

The fact is that the provisions of Article 67 of the Law “On Enforcement Proceedings” imply that only a bailiff can impose a decision on applying such a recovery measure to a debtor. This, in turn, means that enforcement proceedings have already been initiated against him, that is, the person to whom he has a debt has filed a claim with the court for the recovery of the debt.

Obviously, this situation in most cases becomes known to the debtor. In addition, even if the court hearing on the case was held without his presence, the law provides other tools for informing the debtor about the restrictions imposed on him to travel abroad. Thus, the senior bailiff or his deputy must approve the decision of the bailiff, and send a copy to the non-payer in order to inform him of this decision.

Thus, all the steps listed are mandatory so that the decision on restriction of exit has legal force: otherwise it can be challenged in court.

Sources:

• Law “On Enforcement Proceedings”, Article 67: temporary restrictions on the debtor’s departure from the Russian Federation

Recently, Russia passed a law restricting the exit of debtors from the country. A person who is trying to go on vacation but did not pay fines or alimony may be detained right at the airport and not let out of the country. But this is only possible if a court decision has already been rendered to recover the debt from him. In any case, it is useful to be able to

When going abroad, it becomes interesting to many Russians whether they will release them abroad, if there is enforcement proceedings. You can not give a definite answer to this question. This question has different solutions in each individual case. Let's try to understand in more detail.

Deny entry can

The bailiff is the only person who can restrict overseas trips. Due to prosecution, law enforcement agencies may close the entrance. Also in one or more powers may not allow a politician, if his person is announced as persona non grata. But if we are talking about debts, then you need to fear only the bailiff.

For example, will a person be released abroad if there is an unpaid loan? A citizen and a bank are private individuals.

The procedure and conditions for the prohibition of departure ha

General rules:
  1. The restriction of exit concerns obligations of a personal nature, if the debtor is a citizen or individual entrepreneur. An accountant or director of a company that owes a debtor’s spouse or child is prohibited from withholding overseas travel.
  2. Restriction of departure is possible if the debt on the amount exceeds 10 000 r. This measure may be applicable according to. non-property documents.
  3. The prohibition to leave Russia is one of the ways to influence the debtor if he has not fulfilled his obligations on time, which the bailiff appointed for voluntary execution (given 5 days after receiving the decision that the production is open).
  4. The court may, however, not be obliged to ask the court to make a decision or apply a restriction on departure for the debtor.

The bailiff has the right to prohibit the debtor from leaving the state if the enforcement proceedings has grounds:

Execute sheet drawn up on the basis of the final verdict of the court.
   court order to secure the claim.

The bailiff appeals to the court I will establish the application of restrictions to leave the Russian Federation, if isp. The document was issued by a non-judicial authority. We are talking about:
   PF acts, the Federal Tax Service of Russia;
   notarial executive inscriptions;
   decisions of bodies that can impose on admin. collection cases;
   certified notaries child support agreements.

The mechanism for limiting travel abroad

1. The ban to leave the country can not be a surprise. In each case, recommended letters from various authorities are sent to the registration address of the debtor - one by one (minimum) of papers:
   the requirement of payment from the lender (traffic police, PF, FTS, banking institutions);
   court summons on consideration of the case;
   final judicial verdict;
   the order of the bailiff on open manufacture and the indication of the period for performance voluntarily.
  2. The bailiff sends a decision on the action or on its cancellation to the FMS and to the border FSB, they are engaged in the formation of a list of “restricted to leave”. This, of course, happens gradually. The process lasts close to three weeks. If the debtor received a notice that he would not be released abroad due to an unpaid fine, and he got ready and left the same day, then he will have time to “slip through” with a 95% probability.
  3. The nature of the measure established by Article 67 of the Federal Law 229 is temporary, it can act for six months, not more. If the debt has not been paid, the departure of the debtor may again be limited to the bailiff. But the performers have a lot of work and all the actions just do not have time to perform. So the debtor can cross the border again.
  4. But do not expect that you will easily leave after paying the debt before leaving.

To whom and when is the trip abroad closed

There are several reasons why you may be banned from leaving the country *. The most common - debt of any type: administrative fines, including the traffic police, alimony, overdue loans and debts for utility services.

If the payment of the debt is overdue and the bailiffs have already initiated enforcement proceedings, the exit is closed to the debtor. That is, you can enter anywhere, but the offender you are in your country, from here you will not be released.

To become a travel debtor, it is enough:

Have a total debt of more than 10 000 rubles. (it can consist of several debts up to 10 000 rubles);

To have initiated enforcement proceedings in its own relation;

Without good reason, miss the deadlines for voluntary execution (five days from the date of receipt of the decision).

The decree is made by the bailiff for up to six months. The expiration of the six-month period from the time the order is issued means the lifting of the restriction on the debtor’s departure, however, by order of the bailiff, the restriction may be prolonged.

On this moment  The State Duma adopted an amendment to the law "On Enforcement Proceedings", according to which the amount of debt of an individual, under which the border control authorities have the right not to let him go abroad, has been raised from 10,000 to 30,000 rubles. and more.

The law comes into force on October 1, 2017. However, the amendment has limitations: the debt threshold of 30,000 does not apply to persons who pay alimony or property damage, as well as financially compensate for the damage to the health of another person. For this category of people, the maximum debt remains the same - 10,000 rubles.

Important: If you have ever been on the list of debtors in any of the parameters, then just in case, when you leave the country, you should take with you a receipt for termination of enforcement proceedings.

Check if there is a debt

To start federal Service  bailiffs (FSSP) will send to the debtor at the registration address a notice of the initiation of enforcement proceedings against him.

Regardless of whether he lives there or not, read the letter or not, it will be considered received as soon as the postman throws it into the mailbox.

To check the debt, just go to the FSSP website and check all the information in a special window on the main page of the site. Enter the name, date of birth and / or registration number of the individual entrepreneur, if you are an individual entrepreneur.

To a situation like the above, did not arise, check your debts in advance.

You can find out about traffic police fines and court arrears on the Public Services Portal, as well as on the AutoCode portal (registration is required).

On the website of the Federal Tax Service on the TIN number arrears in the payment of taxes.

The presence of public service debt is reported by management companies (online or by phone). You can also pay the debt on the site.

If this is not possible, you can do it differently: find out which bank provides utility bills, and pay the debt through your personal account on the bank’s website.

For example, in Moscow, this service is provided by the Bank of Moscow, and for providing any information in Moscow, you can refer to the Official Website of the Mayor of Moscow.

In St. Petersburg, it will be most convenient to pay off the municipal debt through the A3 payment service website.

If you have an overdue loan from a bank, then you need to contact the bank directly. And you can easily find out your general credit history in the credit bureau, information about it is requested on the website of the Central Bank of Russia.

Important:From a legal point of view, it does not matter to whom and how much you owe - it is important whether the bailiff has restricted your departure or not. From the moment the debt arises to its receipt to the bailiff, it can take from several months to several years. Executive proceedings are initiated only by a court decision.

Debt payment

According to the law, the debt is paid for five days from the moment the order is issued by the bailiff, after which the departure is limited. If there is a debt for you and you know how much and for what you should, you can pay it immediately with a bank card on the FSSP website.

The second payment option is payment terminals: QIWI, WebMoney, Yandex.Money. Here it is necessary to select the section “Payment for services”, then go to “Penalties, state duties”, then select “FSSP” and enter the number of the enforcement proceedings.

The third payment option is a branch or official site of Sberbank. In the first case, a bank specialist will help you, in the second you need to install the Sberbank Online application and in the Transfers and Payments / Payments for Purchases and Services section, select FSSP Russia.

And the last option is to pay the fine in person to the bailiff. In this case, you get a receipt for the repayment of the debt with the stamp of the FSSP.

And most importantly: it is now necessary for the bailiff to withdraw his restriction on exit.

Important: Keep in mind that the commission for making a payment on various resources can be 1-3% of the total amount. The procedure is free on the Sberbank website.

After payment

After payment online, you are not required to personally appear to the bailiffs to transfer documents and confirm the fact of the incident. However, you can speed up the process by contacting the FSSP by phone and reading the payment receipt number.

Executive proceedings will be closed only when the funds arrive at the department’s account and the bailiff receives documentary evidence of your payment. This can take from two to three weeks. Plan your trip in advance, given these circumstances.

Important: What if you're already at the airport? The customs service checks all citizens, without exception, for restrictions on departure. Many airports have payment terminals for such situations. But this, unfortunately, will not help you fly abroad and go beyond the terminal. As it was already written above, it will not be possible to solve the problem overnight.

Workarounds

There are several ways to leave Russia with debts. However, each of them is risky and remains on the conscience of the debtor.

These methods are associated with crossing the border of those countries where there is no border control with Russia. All that can be checked here about a tourist while passing the border is whether he is at the base of the international search.

Between Russia and Belarus there is an agreement of the Union State, according to which citizens of both countries can freely cross the border on their internal passport.

Since there is no single base of debtors between countries, no one can know about your debt. This option only works when land crossing the border: by car or by train. It should be borne in mind that the agreement will not last forever, recently negotiations are underway to resume border controls.

If you have a valid Schengen visa, you can cheat as follows. Buy a ticket from Moscow to Kaliningrad, but get off the train in Vilnius and from there fly to the desired point of the world. Option is not the cheapest, but definitely a workaround.

* Other reasons why a person may not be let out of the country:

Involvement in keeping state secrets or the need for compulsory military service;

Relevant court decision in the framework of correctional punishment;

Criminal prosecution;

The presence of failure of one of the parents minor child  let him go abroad. In this case, you need a notarized copy of the permission from both parents.