How to revoke the driver's license of a child support debtor

Revocation of driver's license for failure to pay child support

Ask a lawyer a question for free!

Briefly describe your problem in the form, a lawyer for FREE and call you back within 5 minutes! We will solve any issue!

All data will be transmitted over a secure channel

Fill out the form and a lawyer will contact you within 5 minutes

The main task of enforcement proceedings is the timely execution of acts issued by judicial and other authorities in order to fully protect the violated rights and interests of individuals and legal entities.

At the same time, judicial acts, notarial agreements and other documents with executive status may relate to obligations:

• for the payment of funds in the established amount (both the agreed monthly amount and as a percentage of total income), for the maintenance of children remaining after a divorce from the ex-spouse (husband) and other requirements directly related to raising a child;
• compensation for damage caused by guilty actions to the health of other people;
• compensation for harm caused that has a direct cause-and-effect relationship with the death of the breadwinner;
• compensation for moral suffering or property damage;
• for the payment of fines issued for administrative violations (for example, traffic offenders who are negligent in the rules of storing, carrying weapons or their illegal acquisition and other special rights).

The dishonest attitude of individual citizens towards the voluntary fulfillment of the requirements of enforcement documents within the prescribed period led to the adoption of the Federal Law No. 340 of November 28, 2015, regulating a number of changes in enforcement proceedings on the territory of the Russian Federation.

Attention! From January 15, 2016, persons with outstanding debt obligations risk receiving a temporary restriction not only on traveling outside the country, but also on using a special right to use vehicles.

Can a driver's license be revoked for failure to pay child support?

According to the norms of the Family Code, both parents are equally obliged to support their children, engage in their development and upbringing.

Despite this, during a divorce, the party with whom the child remains has to seek the collection of alimony from the ex-spouse, most often through the court, although it is possible to conclude a voluntary agreement to pay the amounts due to the child.

For various reasons, individuals avoid fulfilling their debt obligations, even if there is a court decision to pay alimony. Previously taken measures to limit the travel of debtors abroad have a positive trend.

Taking into account the fact that a fairly significant proportion of people who do not pay alimony do not travel abroad, having studied international practice, with the introduction of changes to the law, the rights of bailiffs have been expanded and provide for the possibility of temporarily restricting the control of debtors’ vehicles until the debt is fully repaid.

We must pay tribute to the fact that not everyone is ready to give up the opportunity to drive a car and find means to pay off previously incurred debts.

Important! In accordance with the provisions of Art. 67.1 of Federal Law No. 229, effective in the latest edition of December 5, 2017, we are not talking about the deprivation as such of the document itself, which is a driver’s license.

The debtor's rights to use a special right, that is, to drive a car, are only temporarily limited, but the rights are not actually taken away. The driver's license itself remains with the person who has a debt under writs of execution and other acts providing for the fulfillment of specific obligations within a specified period.

How to revoke the driver's license of a child support debtor

In accordance with legislative norms, if a person voluntarily does not fulfill debt obligations, documents for forced execution are transferred to bailiffs who are authorized to achieve repayment of the debt by all legal means. The decision made by the bailiff is subject to execution within the specified time frame.

Despite the fact that today bailiffs, as a measure of compulsory execution of debt obligations, are given the authority to limit the debtor’s right to drive a car, as practice shows, in order for debt repayment to move forward, it is still the plaintiff herself, in whose favor alimony must be paid, who most often has to worry for child support.

IMPORTANT: So far there is no need to talk about the coordinated operation of the system. There are a lot of excuses about the workload of executive services, lack of time, and others.

Therefore, if you are interested in receiving an amount of alimony debt that exceeds 10,000 rubles and your ex-half has a vehicle that he or she drives, you must:

• get an appointment with the bailiff conducting enforcement proceedings on your alimony at the territorial body of the FSSP;
• prepare a written petition to hold the debtor accountable under Art. 67. 1 Federal Law No. 229;
• submit it with a mark of acceptance and wait for its review.

Within 10 days, the application will be reviewed and measures will be taken to implement it.

Otherwise, you can appeal the specialist’s inaction to higher management or directly to the court, which is a much more effective way.

Note. If the alimony lien arose as a result of failure to comply with the terms of the agreement on the voluntary payment of funds for the maintenance of the child, despite the fact that the document itself is equivalent to a writ of execution, the debtor can be restricted from driving a vehicle only by first filing a claim with the judicial authorities.

Both the bailiff and the interested party have the right to go to court with demands for deprivation. In the latter case, you will need to appeal the actions of the bailiff, since the plaintiff cannot take away the rights. Restricting the right to drive a vehicle in relation to defaulters does not cancel the accrual of penalties.

How to avoid deprivation of rights for alimony

Faced with the risk of losing their driver's license for debts, debtors begin to wonder how to avoid the threat of restriction of their right to drive a car. We can give some advice in this direction.

IMPORTANT: Everyone experiences delays in alimony payments. Financial difficulties, force majeure, additional expenses - all this may temporarily delay the transfer of funds. Unless they are paid directly by the employer. The occurrence of even a small debt of 15-20 thousand rubles does not at all mean that the bailiff will immediately run to restrict your right to drive the vehicle. Typically, this measure is applied to persistent defaulters who have been late in payments for a long time or regularly.

Pay all your debts

To answer the question that worries driving enthusiasts about how not to become one of the persons limited to driving vehicles, one piece of advice can be given - pay your financial obligations on time, no matter:

• alimony;
• traffic police fine;
• compensation for other types of damage caused by your guilty actions to the property or health of third parties.

When filling up gas, stopping at a car service center, racing with the breeze to the sounds of pleasant music in your car, remember about the child who stayed to live with your ex-other half. After all, he needs to be dressed, shod, fed, taken to some section or club for all-round development, and other costs are required.

Do not exceed the amount of debt more than 10,000 rubles

Remember that the bailiff can apply sanctions in the form of restriction of the right to drive only if the debt exceeds the amount of 10,000 rubles. In this case, the actual withdrawal of rights is not provided; only their validity is suspended. Therefore, if you temporarily find yourself in a difficult financial situation, pay off your financial obligations partially, without bringing the debt to the maximum amount that would deprive you of the pleasure of driving your car.

Know the law

If you have one of the grounds when a temporary restriction on the right to use a driver’s license, provided for in paragraph 4 of Art. 67. 1 Federal Law No. 229, having received a bailiff’s decision to apply this enforcement measure, in addition to verbally notifying the bailiff of the violations committed, it is necessary to submit a written application to cancel the document.

An application for lifting (cancelling) a restriction will be taken into account if:

• there are documents confirming the need to have a driving license to obtain a livelihood (for example, you work as a driver);
• the vehicle is used to realize the possibility of movement of the disabled debtor himself or other persons when disability is established. Also considered are cases of transportation of dependent persons living with the debtor, recognized as disabled people of group I or II, or a disabled child;
• there is documentary evidence of the granted deferment or installment plan for the fulfillment of debt obligations, and also if the debt arose through no fault of the payer (for example, due to the bankruptcy of his employer or delayed wages).

Important! Persons who have debts under enforcement documents should be aware that they may lose not only the right to drive a car, but also other vehicles.

• aircraft and ships;
• inland water transport;
• motorcycles, mopeds, other vehicles.

How to find out about debts?

Often payers do not even have information about the exact amount of the debt and the enforcement proceedings initiated against them.
In relation to alimony, this is possible when the payer does not work anywhere, and at the same time is not officially unemployed, believing that collection is not being made. In reality, the bailiff calculates alimony based on the average earnings in the region, which leads to a rapid increase in the amount of debt.

Having access to the Internet, you can check the existence of debt for which enforcement proceedings have been initiated. Use special services for this by going to the official portal of the FSSP or State Services.

Need a lawyer

Those who have encountered the problems of collecting unpaid amounts from debtors ultimately come to the general opinion that no matter how expanded the powers of persons holding such responsible positions in government bodies designed to ensure respect for the rights and interests of citizens, to actually improve the results of their work not reflected.

On the ground, formalism continues to flourish in relation to the performance of their official duties, and sometimes simply dishonesty of bailiffs.

If you are facing restriction of your driver’s license for debts or need to deprive a defaulter of your license, but you don’t know where to start defending yourself, contact our lawyers for a free consultation. Our website specialists will advise you on further actions and give the necessary instructions. They will also help you understand whether there are circumstances in your situation that may preserve your right to drive.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Ask a question to an expert lawyer for free!

Ask a legal question and get a free
consultation. We will prepare an answer within 5 minutes!

All data will be transmitted over a secure channel

Fill out the form and a lawyer will contact you within 5 minutes

Revocation of driver's license for failure to pay child support

On January 15, 2016, Federal Law No. 340 of November 28, 2015 came into force in our country. “On amendments to the Federal Law “On Enforcement Proceedings” and certain legislative acts of the Russian Federation.” This is another measure designed to ensure the execution of court decisions on payments for satisfied claims and traffic police fines. According to this Law, persons who have not complied with a court order to pay alimony, penalties in connection with a crime, or compensation for damage caused may be deprived of the right to drive vehicles until the debt is paid.

The introduction of such amendments to the law is fully justified: in Russia, under these articles, a huge number of payments to citizens and the budget are overdue. As practice has shown, the introduction of such restrictive measures at the federal level (for example, limiting the ability to travel abroad) leads to replenishing the deficit. These are the peculiarities of the mentality of Russian debtors - only the threat of losing some opportunities can stimulate payment.

Deprivation of rights for alimony debts

The law significantly expands the scope of actions of bailiffs to ensure the execution of decisions of the justice authority. If the court issues a writ of execution, then failure to pay alimony obligations on time may result in the imposition of restrictions on the debtor. In the absence of a court order, the bailiff can independently initiate legal proceedings or advise the plaintiff on the need to go to court.

Thus, the bailiffs can issue a decision to suspend the debtor’s rights to drive a vehicle. It does not matter whether the defendant has a personal car, yacht, boat, motorcycle or airplane - according to the decision, he is deprived of the right to drive these vehicles in general, and not just personal ones.

Conditions for revocation of a driver's license

The main condition is the presence of arrears on alimony obligations.

• The amount that can serve as the basis for issuing a decision on deprivation of the right to drive a vehicle is 10,000 rubles.
• The next mandatory condition is a court order to collect unpaid amounts or the presence of a writ of execution, according to which payments must be made and a statement from the plaintiff about the absence of payments due for a certain time, indicating the amount of debt.
• And the last point is the absence of legislative prohibitions on the use of this administrative measure.

The calculation of debt amounts is cumulative. This means that when the plaintiff applies for non-payment of alimony for a certain month, even if the amount of the debt is less than 10,000 rubles, a check is carried out for the presence of other unpaid debts: traffic police fines, payments in connection with the offense committed. If the total amount is more than permissible, the right to drive vehicles may be restricted.

Who cannot have their driver's license revoked?

The impossibility of applying this administrative measure is determined by several reasons.

1. A driver's license is used in the performance of professional duties, and therefore is a means of life support. At the same time, it is not enough to simply say that the driver provides taxi services privately - there must be a document confirming this fact: a certificate of education as an individual entrepreneur. When working for hire, you must present a contract or work book.
2. The use of a car by the defendant is the only opportunity for him and his family members to travel for domestic and professional needs - the place of residence is located away from public transport routes.
3. The defendant is disabled or there are people in the family with disabilities of groups 1-2 or a disabled child.
4. A deferment on payments has been imposed on the debt - supporting documents must be presented.

Procedure for suspension of rights

Court documents are transferred to the bailiffs to initiate enforcement proceedings after the expiration of the deadline for voluntary repayment of debts. In judicial practice, the voluntary payment period is usually determined at 60 days, but in the case of overdue alimony, the terms may be different - at the discretion of the judge. In any case, this should not come as a surprise to the defaulter: at least he was summoned to court over non-payment of child support. Whether he participated in the trial or not is another matter; it is the choice of a negligent parent. But, once started, the machine of judicial proceedings stops only after the execution of the court order. And opposition to its decisions entails new sanctions against the violator.

• After accepting the case for proceedings, the bailiff notifies the defendant about this by any means available to him: by letter, including by email, orally by telephone, or by means of a written message to a mobile phone. The transmitted information proposes to repay the debt within five days and present supporting documents to the SSP. It is also reported that if the requirements are not met, the debtor faces restrictions on the use of rights to drive transport. A time and day are set for receiving payment documents, as well as documents that impede the application of this enforcement measure.
• In the absence of feedback from the debtor, a decision is made to restrict the right to drive vehicles until the amount of the debt is paid.
• On the same day or the next, bailiffs ensure that the defendant is familiarized with the decision. A conscientious defendant himself comes to the bailiff service and signs. Bailiffs can meet with the defendant on his territory - at home or at work. Not everyone wants their colleagues and neighbors to know about debts and penalties, so in most cases public proceedings can be avoided. Traffic police officers can also help: they will inform the elusive defendant about the penalty imposed on him and send him to sign the resolution. After signature, the document comes into force.

With this administrative penalty, the driver's license itself is not confiscated. The right to drive vehicles is suspended and restored after debts are paid. If employees of the bailiff service or the traffic police demand to give up a document, or confiscate it - this is illegal, you need to require the drawing up of a protocol confirming the fact of confiscation with an explanation of the reasons.

• The decision to restrict the right to drive is transferred to the traffic police, and from that moment the debtor should not drive.
• If the resolution is violated, Article 17.17 of the Code of Administrative Offenses of the Russian Federation comes into force. This offense is punishable by administrative work for up to 50 hours or deprivation of a driver's license for 1 year.

Procedure for restoring rights

When paying debts, the driver is obliged to notify the bailiff service.

• Supporting documents must be presented. In the case of alimony, this may be an extract with data on the transfer of funds to the plaintiff’s bank card, as well as a receipt for receipt of cash - the receipt is written personally by the recipient in the presence of a bailiff or certified by a notary. If the alimony arrears were compensated to the plaintiff by the state, then a receipt for payment to the treasury is presented. When paying by receipt, you must ensure that the document is filled out correctly at the bank. The most significant element of the receipt, besides the amount deposited, is the UIN - a unique accrual identifier. It is by this name, and not by the name of the person who paid, that the payment and the offense are identified. If the document is filled out incorrectly, the payment may be lost, the execution of the document will not be reflected in the databases, and its recovery will take time.
• The bailiff checks the documents and removes the restriction.
• A message is immediately sent to the traffic police about the termination of the ban on driving.
• The defendant is also issued a corresponding resolution.

During the first time after the restrictions are lifted, checks on the roads by traffic inspectors are possible, because The administrative machine is not always mobile enough, and changes to the database do not arrive as quickly as we would like. Therefore, the bailiff’s order must always be carried with you.

Timely payment of funds for the maintenance of children is the direct responsibility of parents, a manifestation of care and one of the ways to participate in the upbringing of the younger generation. Suspension of payments is an infringement of the rights of the child and the parent living with him, a crime punishable by law.

In many countries around the world, such restrictions for alimony debtors are a common and well-established practice.

In addition to arrears of alimony, other debts can also serve as grounds for suspension of a driver’s license: traffic police fines, penalties and compensation for criminal offenses, and some others. Debts on bank loans and utility bills are not yet included in this category.

Revocation of driver's license for failure to pay child support

As practice shows, many citizens take all possible measures to avoid paying alimony. Therefore, in 2016, the legislator introduced a new type of influence that encourages the person liable for alimony to pay off debts. The defaulter may be temporarily limited in driving privileges.

In the article, we will look at the conditions under which a driver’s license is revoked, to whom sanctions cannot be applied, what is the procedure for introducing restrictions, and how to return a driver’s license.

Conditions for deprivation of a driver's license for late alimony payments

Article 67.1 of the Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ helps the bailiff to ensure the execution of the judge’s decision to pay child support. Unscrupulous debtors may lose their driver's license.

The restriction applies to the following vehicles:

• motor transport;
• motor transport;
• airplanes and other air transport;
• sea ​​and river ships;
• self-propelled vehicles.

The measure of influence is applied in the presence of a mandatory condition. These include:

• the presence of a writ of execution on the basis of which enforcement proceedings have been initiated;
• outstanding payments in excess of RUB 10,000;
• no deferment or installment plan;
• the debtor is not included in a preferential category to which the restriction cannot be applied.

The bailiff must familiarize the offender with the decision to deprive him of the right to drive a car. He is also warned of administrative liability in case of failure to comply with the requirements.

Example 1. Maksimov S. must transfer alimony for a joint child in favor of his ex-wife. The bailiff initiated proceedings on the writ of execution. The payer does not fulfill his obligations, which led to the formation of a debt in the amount of 50,000 rubles. The bailiff issued a ruling on the deprivation of a driver's license (Appeal ruling of the Supreme Court of the Komi Republic dated March 20, 2017 in case No. 33a-1661/2017).

Who cannot have their driver's license revoked?

Law No. 229-FZ provides for cases when deprivation of rights cannot be applied for alimony debts.

Restriction is not allowed if:

• the alimony payer will be left without a livelihood;
• the debtor lives in a hard-to-reach place, from where you can only leave with your own car;
• the person obligated for alimony travels by vehicle due to a disability;
• the debtor takes care of a disabled person of group 1 or 2, a car is necessary to transport a disabled person;
• the amount of debt is not more than 10,000 rubles;
• the payer received a deferment or installment plan for payments.

If the debtor is wanted and has not been given notice of the introduction of a restriction, then his rights cannot be deprived.

Example 2. By a court decision, Yu. Ivanov is obliged to pay alimony to his ex-wife in favor of his son. Enforcement proceedings have been initiated against him. The outstanding payments amounted to RUB 320,436.53. The bailiff temporarily restricted the debtor's right to drive a car. Ivanov Yu. Appealed the bailiff’s decision, indicating that he lives with his wife and young child in a rural area. His mother also lives with him, who is assigned group 2 disability. A car for a family is the only means of supporting life. The court took these circumstances into account and overturned the bailiff's decision (Appeal ruling of the Samara Regional Court dated May 20, 2016 in case No. 33a-6412/2016).

To avoid liability, it is recommended to have documents confirming extenuating circumstances with you. For example, a resolution on the provision of installment plans, a certificate of disability, information about the amount of debt for alimony payments.

How to revoke a driver's license for non-payment of child support?

A debtor can lose his driver's license at the initiative of a bailiff or a debt collector. The recipient of alimony is advised not to wait for the bailiff to do this. You should make an appointment with him and personally explain the problem. At the end of the meeting, an application is submitted.

How to write an application for revocation of a driver's license?

The application (download sample) is drawn up in free form. The document must indicate:

• position, full name of the bailiff;
• information about the claimant;
• information about the number of enforcement proceedings and its start date;
• amount of debt;
• a request to hold the debtor accountable under Article 67.1 of Law No. 229-FZ;
• date;
• signature.

The petition must be registered by the SSP officer. It is recommended to make a copy of the document with a registration mark.

Procedure for consideration of the application

The bailiff is obliged to review the document within 10 days and make a decision on it. If the grounds for the restriction are confirmed, the payer will be deprived of his driver’s license until the debt is repaid.

The debtor must appear before the bailiff to familiarize himself with the decision. If he ignores the requirement, the bailiff can give him the document at home or at the place of employment.

The information is then passed on to traffic police officers. They check drivers and can catch the defaulter on the road.

After receiving the decision, the debtor must repay the debt within 5 days or surrender his driver’s license to the SSP. The bailiff will draw up an act of acceptance and transfer of the document. It will be returned after the debt is paid and the restriction is lifted.

When should you go to court?

If the debtor does not comply with the alimony agreement, then to impose a restriction it is necessary to go to court. The claim (download sample) should indicate:

• name of the judicial authority;
• information about the recipient and payer of alimony;
• circumstances of concluding an alimony agreement;
• information about enforcement proceedings;
• period of delay and amount of debt;
• requirement to introduce a restriction;
• list of documents;
• date;
• signature.

Along with the application to the court, they provide the materials of the enforcement proceedings, the applicant’s passport, and other documents at the request of the judge.

The court considers the claim within 30 days from the date of receipt of the documents. The parties to the dispute are invited to the court hearing. A bailiff is involved in the case. If the decision is positive, a writ of execution is issued.

What happens if the restriction requirement is not met?

The bailiff's request is subject to mandatory execution. If the payer ignores it, he will be held accountable under Article 17.17 of the Code of Administrative Offenses of the Russian Federation. The debtor may be required to perform compulsory work for a period of up to 50 hours. In extreme cases, the right to drive a car may be suspended for 12 months.

Example 3. M. Kruglov has arrears in alimony payments. The bailiff temporarily restricted his driving privileges. The traffic police inspector found that on March 16, 2018, M. Kruglov was driving a vehicle in violation of the bailiff’s order. An administrative violation protocol was drawn up, and the debtor gave written explanations. The case materials were transferred to the court. Kruglov M. was prosecuted under Article 17.17. Code of Administrative Offenses of the Russian Federation. He was deprived of the right to drive a vehicle for four months (Resolution of the Perm Regional Court dated August 15, 2018 in case No. 44-a-1186/2018).

How to restore the right to drive a vehicle?

To regain rights, the payer needs to pay off the alimony debt. It is necessary to provide the bailiff with receipts, checks, and a bank statement to confirm that the debt has been liquidated.

After checking the documents, the bailiff removes the restriction. This usually happens the day after the application is submitted. The resolution is approved by the senior bailiff.

A copy of the document is sent to the recipient, payer, as well as to the traffic police. The driver's license is returned to the owner. From this moment on, he has the right to use the car.

Something to remember! Traffic police databases are not always updated on time. Therefore, it is recommended to have a decree lifting the restriction with you. This will avoid conflict situations with patrol officers.

Let's sum it up

Thus, a child support defaulter may temporarily lose the right to drive a car. Responsibility arises for debts of 10,000 rubles . Some categories of citizens can avoid restrictions if motor transport is a source of income or normal life support for them. The issue of deprivation of a driver's license is decided by the bailiff independently, with the exception of cases when alimony is paid under a notarial agreement between the recipient and the payer. In such a situation, the decision is made by the court. If the debtor ignores the deprivation of rights, he may be prosecuted under Article 17.17 of the Code of Administrative Offenses of the Russian Federation. In order to be able to use the car again, you need to pay off the debt.

Articles recommended for you:

Deprivation of rights for non-payment of alimony

1. alimony payments;
2. penalties for the crime committed;
3. compensation for damage caused.

Debts to pay bank loans and utilities were not included in the list. The restriction consists of temporary confiscation of the driver's license by bailiffs, traffic police officers and other officials. This measure is intended to encourage the debtor to repay debts. The law applies not only to individuals, but also to individual entrepreneurs. The changes it covers concern:

Arguments in favor of the new law

The expected effectiveness of the new law is all the more high since approximately one third of debtors, which is 450,000 people, have a driver's license. (according to Rosstat). Indirect confirmation of its effectiveness is the practical application of Art. 67 of the Federal Law “On Enforcement Proceedings”, also adopted recently. Its content is to prohibit the debtor from traveling outside the Russian Federation. The consequence of this measure was the repayment of alimony debts in the amount of approximately 1.5 billion rubles. in 2014

Vehicles that are prohibited from being driven

If there is debt, management rights are withdrawn:

• cars;
• motorcycles;
• mopeds;
• tricycles and quad bikes;
• self-propelled vehicles;
• river and sea vessels;
• by air transport.

Conditions allowing the debtor to be deprived of his driving privileges

The possibility of revoking a driver's license arises in the following circumstances:

1. The court made a decision to collect the debt from the defendant.
2. The total amount of debt is at least 10,000 rubles. When determining it, other unpaid obligations are also taken into account - those imposed for violating traffic rules or other legal norms. That is, if they exist, an administrative measure can be applied even if the debt for alimony does not reach the required limit. The period of non-payment is not taken into account.
3. This situation does not belong to those mentioned by law, in which the application of these measures would be unacceptable.

Persons not subject to deprivation of driver's licenses

• The cost of unfulfilled obligations is below 10,000 rubles.
• Transport is used by the defendant as the main source of income. For example, when transporting passengers or cargo. This fact must have documentary confirmation - the presence of a contract, work book or certificate of creation of an individual entrepreneur.
• The place of residence of the debtor and his family members is located far from public transport routes. In this connection, driving a car is the only opportunity to reach a place of work or study and a condition for normal existence.
• The defendant has been diagnosed with a disability.
• The debtor provides maintenance:
  1. a child with a disability, regardless of its group;
  2. adult disabled person of group I or II.
• The payer was granted a deferment of debt repayment because he missed the payment deadlines for valid reasons:
  1. been sick for a long time;
  2. was fired due to staff reduction;
  3. other reasons

These circumstances must be confirmed by relevant documents. For example, an extract from the work book, a certificate from the place of residence, about disability, about the availability of a deferment. Copies of documents along with the application are handed over to the bailiff.

It is advisable to prepare the application in two copies to avoid misunderstandings. Upon consideration of the application, the bailiff draws up an act prohibiting the confiscation of the driver’s license. It is better to always have a copy of the act, as well as supporting documents, in the car to present to the traffic police officers.

The procedure for deprivation of rights

A document obliging the defendant to pay alimony and determining the amount of monthly payments can be drawn up in the following form:

1. Mutual agreement (rarely encountered in practice).
2. A court order on the basis of which an enforcement decision is made.

Subject to agreement

If the payer does not fulfill the terms of the agreement, the recipient of alimony has the right to apply to the court to deprive him of his driver’s license for debts. The application must indicate the amount of debt and the period of non-payment. A bailiff, who is allowed to do so by the expanded powers granted by the new law, can also file a claim.

If there is a writ of execution

The bailiff has the right, without going to court (on his own initiative or at the request of the plaintiff), to make a decision to deprive the defendant of the right to drive. The possibility of performing these actions also appeared as a result of the adopted law. This requires the presence of a writ of execution, the instructions of which were not fulfilled within the specified period. The voluntary payment period for debts is usually 2 months. If we are talking about alimony payments, the court may set other deadlines. The statute of limitations for alimony debt is 3 years. This means that in the case of a debt for several years, the defendant will only be required to pay the debt for the last three years. Read more on our website https://divorceinfo.ru/3057-sroki-davnosti-po-uplate-alimentov

Decree on deprivation of rights

The contents of the resolution include:

1. driver's license information;
2. instructions for fulfilling obligations to the debtor;
3. notification that the debtor may be deprived of his rights for failure to pay alimony within 5 days.

The document is subject to approval by the senior bailiff. Copies of it must be sent within one day:

1. recipient of alimony;
2. to the payer;
3. authorities of the Ministry of Internal Affairs, traffic police and other services (according to the type of transport), which record information about collection in the database.

Transfer of driver's license

Having received a decree on deprivation of rights, the defendant must pay off debts within 5 days or surrender his driver’s license to the Federal Bailiff Service (FSSP). In this case, an act of transfer of the document is drawn up, which is stored in the Bailiff Service until returned to the owner.

Administrative liability for failure to comply with instructions

A debtor who has ignored the bailiff's demands may be subject to a fine in the amount (Article 17.14 Part 1 of the Administrative Code):

• 1000–2500 rub. for individuals.
• 10,000–20,000 rub. for individual entrepreneurs.

If after this the offender does not surrender his license and continues to drive vehicles, any of the following measures will be applied to him:

1. Imposition of a fine of up to 30,000 rubles.
2. Detention for up to 15 days.
3. Correctional work for 100–200 hours.

The person who transferred the right to drive to the debtor is subject to a penalty in the amount of 30,000 rubles.

After imposing fines, the alimony debtor’s driver’s license may be forcibly revoked and transferred to the Bailiff Service. The imposition of an administrative penalty does not eliminate the need to repay the debt.

Driver's license restoration

The driver's license is returned to the debtor after full payment of existing debts and penalties accrued for late payments. As confirmation, he must provide the bailiff with documentary evidence. For example:

1. bank statement confirming the transfer of money to the recipient’s card;
2. a receipt for receipt of cash, written by the plaintiff in the presence of a bailiff or notarized;

copies of receipts for payment to the treasury, if debts on alimony payments were reimbursed to the recipient by the state.

If the case was initiated by the FSSP, an additional enforcement fee of 7% of the debt amount is paid. After this, the bailiff, within two days (including the day of the debtor’s application), issues a decree on issuing a driver’s license. This information is entered into the database, and a copy of the document is sent to the traffic police.

The procedure for depriving a driver's license for alimony debts

Revocation of a driver's license for failure to pay child support is a relatively new practice. The corresponding law was adopted only in 2015. Let's look at how to deprive a persistent alimony defaulter of a driver's license: procedure, features of drawing up an application, necessary documents.

How to restrict alimony payment on a driver’s license: algorithm of actions

Judicial practice shows that initiating enforcement proceedings to establish alimony payments is not enough. The plaintiff will need to recover money from the payer, and this presents certain difficulties, especially if the alimony payer does his best to hide his property and the salary he receives.

The procedure for depriving parental rights is as follows.

1. To take advantage of this measure of administrative liability, it is necessary to obtain a court order to collect alimony payments in the amount of 10 thousand rubles.
2. The plaintiff provides the writ of execution to the bailiffs and makes a written request to deprive the debtor of his driver’s license.
3. Within a 3-day period, the relevant specialists review the application and accompanying documentation on the case, after which they transfer them to the bailiff.
4. The bailiff issues a ruling that enforcement proceedings have been launched, after which he sets a certain period for the defendant. During this period, the alimony provider has the opportunity to repay the debt on a voluntary basis. To do this, he is given up to 5 days from the moment of notification of the existence of the resolution or receipt of a copy of this document.

It is worth considering that Article 29 of the Federal Law of the Russian Federation establishes the following fact: even if the alimony provider has not received any notice, he is still considered notified.

As soon as the 5-day period comes to an end, the bailiff issues a resolution that the alimony worker is temporarily deprived of his driver's license due to arrears in alimony payments.

Which debtor can be held liable?

Current legislation establishes that both individuals and individual entrepreneurs can be held accountable for non-payment of alimony. The minimum debt for deprivation of a driver's license is 10 thousand rubles. It is not important how long such debt was formed.

People who fall into the following categories are at risk of losing their driver's license:

• the alimony does not have a document that confirms the legality of deferring payments or repaying the debt in installments;
• the alimony provider was duly informed that he may face administrative liability for malicious evasion of his financial obligations (this is done by bailiffs);
• alimony payments are collected forcibly in the presence of a writ of execution and a court order - that is, enforcement proceedings have been launched.

If even one of the conditions provided above is not met, then the alimony payer cannot be deprived of his driver’s license.

Additionally, the legislation establishes a list of citizens who are exempt from such liability:

• the alimony fulfills his financial obligations on the basis of deferment or installments;
• the amount of debt is less than 10 thousand rubles;
• Without a vehicle, the child support worker will not be able to engage in his main work activity (this is relevant for drivers of trucks and taxis);
• the region where the debtor lives is quite remote and has a poorly developed transport infrastructure;
• the alimony recipient has been assigned one degree of disability or another;
• the debtor is dependent on disabled people of group 1 or 2.

If a taxi or truck driver has received a notification that he has been deprived of his driver’s license for alimony debt, then the person needs to write an application for the return of the license due to a good reason and submit this document to the bailiffs.

The application will need to be accompanied by documentation that proves valid reasons.

After the bailiffs examine the application, they check the circumstances specified in the document, and then return the child support worker’s driver’s license.

How can a child support worker return lost rights?

A driver's license will be provided to the debtor only if he fully fulfills his financial obligations. The legislation does not provide for any other method of restoring rights.

A copy of the receipt, check or bank statement after repayment of the debt is sent to the bailiff who is in charge of the specific case. The fact that the payment was actually made is checked by SSP employees within 24 hours. Then the specialists make a decision that the child support worker is reinstated in his driver’s license.

In addition to repaying the accumulated debt, the alimony provider will need to pay a separate enforcement fee. Its size is 7% of the current debt.

Due to the fact that it takes a certain time to update the traffic police database, the alimony provider will need to have with him a Resolution on the revocation/suspension of the enforcement case. Otherwise, he risks wasting time on unnecessary proceedings.

Let's sum it up

Thus, every child support worker who has incurred a payment debt of 10 thousand or more may be left without a driver’s license. To restore them, only one way has been developed - to fully pay the alimony debt, and also to transfer the enforcement fee.

The legislation establishes categories of persons who cannot be deprived of a driver's license.

Those alimony workers who have repaid the debt and restored their rights must first have the appropriate Resolution from the bailiffs with them so as not to be fined when checking documents by traffic police officers.