The decoding of the abbreviation FSSP is simple: the Federal Bailiff Service. However, despite the fairly common abbreviation, few people know what this service is and what it does. You should not neglect this knowledge, because at any moment you can face a problem, the solution of which is subject only to this service.
FSSP - the enemy of debtors No. 1
The Federal Bailiffs Service is a federal state body belonging to the executive branch of government. The system of its subdivisions controls the activities of the courts, and also enforces their decisions on property issues. In accordance with these types of activities, the FSSP allocate bailiffs who ensure the activities of courts and bailiffs-executors.
The first group of bailiffs performs exceptional tasks within certain legal processes and does not interact directly with citizens. The second group of bailiffs, on the contrary, constantly interacts with citizens, since it is they who are engaged in conducting enforcement proceedings in cases of various civil offenses.
What is enforcement proceedings?
The court hearings are over, the decision has been made, the writ of execution goes to one of the departments of the UFSSP (Office of the Federal Bailiff Service in the city, district, etc.). Further, there is the initiation of enforcement proceedings, which is a complex of actions by the bailiffs of the executors aimed at enforcing the judgment.
How is the collection of enforcement proceedings carried out?
As a general rule, the debtor has 5 days after the initiation of enforcement proceedings to pay off debts on a voluntary basis. If the debtor did not want to pay off the debt on a voluntary basis, then the bailiff starts to carry out the following actions, realizing his direct functions:
- Search and subsequent seizure of property. The property seized at this stage is apartments, houses, land plots or some vehicles, that is, real estate. It should be noted that the bailiff does not have the right to foreclose on the debtor's housing if it is the only piece of immovable property. If the debtor does not have property, then he proceeds to the next stage of enforcement proceedings.
- Arrest of bank accounts. The bailiff applies to banks to search for the debtor's sets and their subsequent arrest. The seizure can be imposed on the entire account or on a part of it, depending on the amount of the debt.
- Appeal to the debtor's employer. As debt repayment, the bailiff can write off part of the salary, but its size should not exceed 50% (in exceptional cases - 70%) of the total salary. For example, for alimony obligations in accordance with paragraph 1 of Art. 81 of the Investigative Committee of the Russian Federation from the debtor has the right to write off: for one child - 1/4 of the salary, for two - 1/3 part, for three - 1/2 part.
- Arrest of real estate. The last opportunity for the bailiff to collect the debt is to go to the debtor's residence and describe his property for the purpose of subsequent arrest. From 6 a.m. to 10 p.m., the bailiffs-executors have the right to freely enter the debtor's home to arrest the property located there. It should be noted that food products, personal belongings (toothbrush, clothing, etc.), state awards, sources of income of the debtor (livestock) are not subject to arrest.
If the debtor is unable to forcibly repay his debt, then the bailiff shall issue a resolution on the termination of the enforcement proceedings for the impossibility of collection.
Thus, the Federal Bailiff Service directly participates in the restoration of the curtailed rights of citizens, realizing through its activities the principle of justice. Remember, you can always avoid foreclosure. To do this, you need to find out on the official website of the bailiffs if you have a debt.