Evasion of financial obligations by legal entities and individuals is regarded as a violation of Russian law. At the same time, they receive a special notification from the bailiff service about the presence of debt, which means the beginning of legal proceedings on the existing violation.
What does ID debt mean
ID stands for "executive document", which is issued by a court or other authorized body to a person (civil or legal) with financial debt. The requirements contained in the executive document are subject to strict execution. This means that the debt can be collected from the culprit without his direct participation. The document contains the period of debt repayment and its size. The main remedy for damages is the ruble
There are several types of executive documents, which include:
- performance list;
- decision of bailiffs;
- acts of authorized persons for administrative offenses.
- executive inscription of a lawyer;
- an agreement on the payment of alimony.
Features of enforcement proceedings
In accordance with the current legislation, the collection of the entire amount of the debt or its remainder can be carried out by the creditor independently from the debtor. Most often, the solution to the issue is entrusted to the Federal Bailiff Service, whose main task is to achieve the debtor's fulfillment of its obligations. For this, the following measures are taken:
- restriction of the debtor's departure from the country;
- seizure of banking assets;
- compulsory alienation of property resources;
- deduction of up to 50% of monthly wages.
The bailiff has the right to carry out an inventory and seizure of property, closing the proceedings only after the full repayment of the debt. Ignoring an enforcement document is fraught with criminal liability, which threatens with detention and subsequent imprisonment, depending on the amount of the outstanding debt.
The executive document is subject to challenge only in the absence of documentary and other evidence of the existence of outstanding debt or their unconfirmed authenticity. The latter must be handed over to the court by the creditor or other organization, the financial agreement with which was violated. Only taking into account all the facts in the case, the court has the right to start enforcement proceedings.
The procedure for repayment of debt by ID
Bailiffs have the right to initiate debt collection by writing off funds from the debtor's accounts, selling his property, equipment and other items owned and of value. In order to speed up the proceedings, the culprit may be deprived of a driver's license and other documents (if the amount of the debt is more than a thousand rubles).
The debt repayment period is assigned depending on its size and may provide for a certain period and frequency of payments. The procedure for paying the debt is made in the following order:
- The debtor is given a notice of the need for urgent fulfillment of financial obligations.
- The citizen pays off the debt within the period indicated in the document.
- In the absence of timely payment of the debt, bailiffs proceed to ascertain the citizen's solvency by means of inquiries to banks, the traffic police and the tax office.
- The existing accounts and documents are seized.
- In case of further disregard of the requirements under the executive document, the obligatory collection of the debtor's property is carried out.
The statute of limitations for the executive document is three years from the date of its signing by the judicial authority. An attempt to hide during the proceedings on the case is regarded as a criminal offense, especially if there is an especially large debt. At the same time, the court has the right to start re-proceedings on the case even if its limitation period has been exceeded.
