According to the Housing, Civil and Tax Codes, all owners are required to pay utility bills for the services provided, as well as make tax payments on time. If there is a debt for some apartment, then the balance holder or the tax office can take any measures that do not violate the legislation of the Russian Federation in order to collect the debt and forfeit.
It is necessary
- - registered letter with a list of attachments;
- - homeowners association meeting;
- - application to the court;
- - performance list.
Instructions
Step 1
If the owner of the home is late in paying utility bills or has not paid tax payments on the receipt sent, you have the right to send a second receipt with the specified amount of the forfeit. Penalty is calculated in the amount of 1/300 of the amount owed for each day of delay.
Step 2
If you continue to send receipts with the calculation of the new amount of the forfeit, and the payments have not been credited to the account, notify the debtor in writing. For written notice, send a certified letter with an inventory of the attachment, which will be handed to the debtor against receipt. In the notice, indicate the final due dates for payments and the amount of the forfeit.
Step 3
If this measure did not make you hurry with the payment, you have the right to convene the board of the HOA and discuss the punishment measures for a particular debtor. When holding a meeting, keep minutes with the entry of the agenda, voting and the decision taken. On the advice of the board, you can prepare a statement and refer the case to the court for the compulsory recovery of the entire amount of the debt and forfeit.
Step 4
In the event of a court order on the compulsory collection of all debts for utilities or unpaid taxes, the chairman of the HOA or a representative of the tax inspectorate must apply to the bailiffs with a writ of execution and an application to collect the debt.
Step 5
Further, the bailiffs enter the work. They have the right to arrest the debtor's accounts, apply at the place of work for enforced debt collection. In an extreme case, an inventory of valuable property is made and its sale to pay off the resulting debts.
Step 6
If the amount of the debt is large, and the debtor does not have property, bank accounts and work, then an exceptional measure is applied to resettle the debtor to cheaper housing and to sell the apartment to pay off all debts. This method of obtaining debts is used in very rare cases, since the bulk of debtors do not even bring the case to court, but are limited to the received notification and pay all debts in full.
