Is it possible to repay a debt to bailiffs in installments?

Repayment of legal debt in installments

Evasion from fulfilling obligations taken on a loan may lead to legal proceedings and debt collection by bailiffs, who have the right to confiscate the debtor’s property and seize his assets and bank accounts. If repayment of the court debt on the required terms is impossible, it is worth trying to negotiate an installment plan.

Consequences of failure to comply with bailiffs' demands

If, when creating a debt to the bank, the borrower can evade fulfillment of loan obligations for a long time, then after the start of enforcement proceedings, bailiffs come into play, and the debtor has only 5 days to voluntarily pay off the debts. If the required amount is not paid within this period, foreclosure may be applied to the assets, bank accounts and property of the defaulter, which are first described and then confiscated in accordance with the articles of Federal Law No. 118.

In addition to the above consequences, sanctions may be applied to the debtor, for example, a ban:

• to travel abroad;
• to drive vehicles;
• to open bank accounts;
• for the acquisition of movable and immovable property.

The application of such restrictions in civil rights is possible only by court decision and if there are compelling reasons for this, for example, the likelihood of concealing property, financial fraud, or leaving Russia.

You should also remember about Article No. 315 of the Criminal Code of the Russian Federation.

Is it possible to negotiate an installment plan with the bailiffs?

After the start of enforcement proceedings, the debtor’s main task is not to leave it to chance, but to try to agree with the bailiffs on paying part of the court debt and installment payments. To do this, you will need to prove the existence of special circumstances that do not allow you to fulfill your debt obligations within the time limit established by the court. At the same time, the processing time for an application can reach several months, so when filing it, it is better to use the help of a lawyer who will help collect the necessary documents and evaluate the completeness of the evidence in order to consolidate the position in court. The application is sent specifically to the court, and not to the FSSP department involved in debt collection.

How are installments provided?

Changing the conditions of enforcement proceedings in relation to the defaulter can be carried out:

• the court hearing the debt case;
• court at the place of execution of the decision.

The debtor has the right to choose which authority to send the application to. This can also be done by bailiffs or the creditor himself, if the circumstances of the enforcement proceedings require this.

The application must be submitted for consideration within 5 days from the date of the court decision, drawing it up in several copies, which will be provided to the court, bailiffs and the plaintiff. The paper must contain:

• information about the debt, including the reasons for its occurrence (difficult financial situation of the borrower, illness, etc.);
• information about the court decision in the case;
• term of installment plan and amount of monthly payment;
• details of the applicant and details of the court to which she is sent.

Separately, the application must be accompanied by documents confirming the impossibility of timely fulfillment of debt obligations on the original terms, including:

• notification of layoffs;
• children's birth certificate;
• receipt for debts for utilities;
• mortgage agreement.

It is also advisable to attach a payment schedule that the debtor considers acceptable for repaying the court debt. This is not required by law, but the schedule will help show the court that you are committed to paying off your debts and will reassure the creditor that the funds will be repaid.

If the application for deferment is considered positively, the debtor will have to make payments on the loan strictly within the new schedule and in the specified amounts. Violation of the schedule will be grounds for cancellation of the previously granted installment plan. In addition, the creditor will have the right to petition the court for material security for the claim by seizing the debtor’s property.

Rules for repaying court debt in installments

After completing the installment plan, the borrower will have to strictly comply with the terms of the agreement in order to avoid forced collection of the debt through confiscation of property and seizure of accounts. To do this you need:

• make regular loan payments;
• provide bailiffs with all the necessary information about bank accounts and existing assets;
• Respond to alerts and agendas in a timely manner.

It is worth noting that concealing information about accounts and property from bailiffs threatens the defaulter with criminal liability under Article 177 of the Criminal Code of the Russian Federation on “Malicious evasion of repayment of accounts payable .

The best solution to the problem is to enter into a settlement agreement with the creditor, agreeing on a new debt repayment schedule. This can be done even during enforcement proceedings; all that is required is approval of the contract in court.

Registration of installment plans for legal debt has a lot of nuances, inattention to which can only aggravate the debtor’s situation. It is better to try to apply for an installment plan directly from the bank where the loan was taken out, or from a collection agency, which will not only avoid a long and difficult legal process, but also maintain a positive credit history.

Is it possible to pay a debt to bailiffs in installments?

The content of the article

When credit debts are submitted for enforcement, the borrowers-debtors no longer communicate with bank employees, but with bailiffs. And here many people have a question: “How not to pay a debt to the bailiffs?”

The Federal Law “On Enforcement Proceedings” provides a scope of powers to apply enforcement measures, including foreclosure on the property and income of the debtor.

When the debtor receives a decree to initiate enforcement proceedings, he is obliged to fulfill the bailiff's demand on time. According to the content of paragraph 12 of Art. 30 of the Federal Law “On Enforcement Proceedings” the period for voluntary fulfillment of requirements is five days from the date of receipt of the resolution.

Thus, if the debt to the bank amounts to hundreds of thousands of rubles, as reflected in the writ of execution, then the debtor is obliged to deposit exactly this amount into the account of the bailiffs.

But if the debtor could not pay the loan, then naturally he will not be able to fulfill the bailiff’s demand at a time. What threatens him?

After the bailiff establishes that the debtor did not pay the money on time, activities begin to search for property, funds and income that may be subject to foreclosure. As a coercive measure, the bailiff may restrict the debtor from traveling outside the territory of Russia, as well as limit him in the use of a special right, in particular the right to drive a vehicle.

How to avoid these unpleasant events and pay off the debt in installments?

The simplest and most accessible way, both in terms of time and volume of documents, to avoid coercive measures and repay the debt without any significant losses in income and property is to provide an installment plan for the execution of a court decision.

Important! If you receive an installment plan, the debtor will repay the debt in installments, and the bailiffs will willingly put his enforcement proceedings aside, because no enforcement measures can be taken against such a debtor.

What needs to be done to receive installment plans?

Do not wait for the visit of the bailiff, but try, within the five-day period allotted by him, to contact the court that made the decision to collect the debt to the bank, with an application for granting an installment plan for the execution of the court decision. This right of the debtor is provided for by the provisions of Art. 434 of the Civil Procedure Code of the Russian Federation.

In the application, indicate the date of the decision to collect the loan debt, the amount collected, and the date the decision entered into legal force. State that it is not possible to execute the court decision at once due to... (usually reasons such as the presence of dependents, alimony obligations, payment of utilities or under a rental agreement are indicated - any circumstances confirming the financial insolvency of the applicant). And ask for an installment plan for the execution of the decision for a certain period. Usually the term in months and the amount of the monthly payment are indicated.

Important! For example, a debt of 150,000 rubles was awarded. Installments can be provided for 15 months with monthly payments of 10,000 rubles.

The following documents are attached to the application:

1. a copy of the application - by the number of parties to enforcement proceedings: claimant (creditor), guarantors (if any), bailiffs;
2. documents confirming the impossibility of a one-time execution of the decision (birth certificates of children or a certificate of disability - to prove the presence of dependents, a certificate of income, receipts for utility bills, loan agreements, in general, all documents confirming financial obligations);
3. debt repayment schedule (preferably, but not required)

If you do not draw up a schedule yourself, taking into account your own ability to pay the debt to the bank, then the court may, if an installment plan is granted, determine the procedure, timing and amount of payments. And what the court determines is not always within the capabilities of the debtor.

Important! Therefore, it is advisable to present your schedule to the court in order to show your capabilities, which the debtor expects when going to court.

Consequences of going to court for an installment plan for execution of a decision

The court may grant the application or refuse it. In any case, a determination will be made. If the payment in installments is refused, then the debtor will no longer be able to avoid communication with bailiffs and the application of enforcement measures.

Important! Since banks are usually strict collectors, any changes in the debtor’s financial situation or change of place of work will be monitored by the bank and reported to the bailiff.

If the installment plan is granted, then neither the bank nor the bailiffs have the right to demand from the debtor performance beyond the installment payments. That is, as long as the debtor conscientiously fulfills the received installment plan, neither the collector nor the bailiffs are interested in him.

But if the installment plan is not executed on time and in full, then the bank can go to court and demand that this installment plan be canceled, which the court will do, since this requirement will be lawful. And the consequences in this case will be the same as if the court refuses to grant an installment plan.

Settlement agreement between debtor and claimant

Another way to avoid coercive measures and repay the debt in parts is to conclude a settlement agreement between the debtor and the collector.

Few people know that banks are willing to approve settlement agreements with debtors. They are concluded both during the judicial consideration of the case at the bank’s claim, and within the framework of enforcement proceedings.

Art. allows the parties to approve a settlement agreement during the trial. 39 of the Civil Procedure Code of the Russian Federation. If the terms of such an agreement do not violate the rights and interests of third parties, and suit both the bank and the defendant, then the court will approve it.

Typically, settlement agreements with the bank represent the same conditions that were in place during the loan agreement, only the borrower is still given a period to repay the overdue debt, reimburse the bank for legal costs, and only then the borrower enters into the previous payment schedule.

Important! If enforcement proceedings have already been initiated against the debtor, then in accordance with the rules of Art. 50 of the Federal Law “On Enforcement Proceedings”, when the claimant and the debtor apply to the court, a settlement agreement can also be approved.

It will also repeat the terms of the loan agreement, which, by the way, will have already been terminated by the time enforcement proceedings are initiated. At this stage, banks are not always willing to agree to a settlement agreement, because the very fact of termination of the loan agreement contradicts the resumption of accrual of interest and penalties provided for by the terms of the settlement agreement.

However, there is practice in concluding such settlements between the debtor and the claimant.

How to conclude a settlement agreement?

Firstly, the agreement itself implies the mutual will of the parties to agree on optimizing debt repayment.

Secondly, in this case the debtor does not need to go to court on his own - he must first contact the bank. At the trial stage, the court will propose to conclude a settlement agreement, and here it is necessary to agree and ask the creditor to prepare the terms.

Important! If the bank agrees, then at the next court hearing the settlement agreement will be approved.

At the stage of enforcement proceedings, the bailiff can suggest the possibility of an amicable solution to the debt problem. And the debtor approaches the bank with an application to conclude a settlement agreement. If the bank considers that such an agreement is beneficial to it, it will prepare documents and go to court together with the debtor.

Debt installment plans are appropriate if the debtor has property, bank deposits, or if professional activities involve regular trips abroad or travel in a personal vehicle. Then, in order to preserve the property from possible foreclosure and avoid possible restrictions, it is worth taking care to pay off the debt in installments - either in installments or by settlement agreement.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Agree with bailiffs on installment payment

In the provisions of paragraph 12 of Art. 30 of this law states that as soon as the debtor receives a resolution to initiate enforcement proceedings, he can pay the debt on a voluntary basis within five days. If this is not done, the provisions of Article 69 may be applied and the bailiffs will begin search activities aimed at searching for material assets, property, and income of the borrower.

In addition, they are authorized to prohibit a debtor citizen from traveling outside the state or limit other special rights. To avoid these troubles, it will be useful for the debtor to know how to get an installment plan and pay off the debt in installments according to an acceptable schedule.

Debtor's actions

What a borrower definitely shouldn’t do is isolate himself and avoid contact with bailiffs, hoping that in this way he can get rid of the loan debt. Such behavior will only aggravate the situation and then it will no longer be possible to agree on an installment plan. Therefore, to successfully resolve the issue, it is better to use the right granted by the legislator. Namely, Article 203 of the Code of Civil Procedure of the Russian Federation provides that participants in the process can receive an installment plan to fulfill the requirements of a court decision and pay the debt in installments.

To realize this possibility, the debtor must apply to the court with a corresponding application. This method is considered the most optimal for repaying loan debt and will avoid financial and property losses.

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If the debtor receives an installment plan, his credit debt will be divided into parts. During the allotted period for repayment, the borrower should not be afraid of the use of compulsory collection measures by bailiffs, since they do not have the right to do so on the basis of Part 2 of Article 37 of the Federal Law “On Enforcement Proceedings”.

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What to do to get an installment plan

If the borrower understands in advance that the amount of the debt is too large to be repaid in full, then it is strictly not recommended to wait for the bailiffs to visit in order to agree with them on an installment payment, as this will only waste time. The correct way is to appeal to the judicial authority, which made a decision to collect the debt in favor of the creditor. The debtor must draw up an application requesting the opportunity to pay the debt in installments. This right is provided for in Art. 434 Code of Civil Procedure of the Russian Federation. Moreover, it is better to do this immediately after receiving the decision to initiate enforcement proceedings, before the five-day period for voluntary execution has expired.

What to write in the application

Based on Article 434 of the Code of Civil Procedure of the Russian Federation, not only debtors can apply for an installment plan. Bailiffs and collectors also have this right. When considering the issue, the court first of all pays attention to the circumstances that make it difficult to comply with the requirements of executive acts. Therefore, in order to receive an installment plan, it is important to state your request in a reasoned manner.

The application must be submitted in writing and must contain the following information:

1. the date of the court's decision, which determined the collection of debt under loan obligations;
2. amount to be repaid;
3. indicate when the decision came into force;
4. name the parties to the case;
5. clearly formulate the circumstances that make it difficult to pay off the debt in a lump sum, so it is necessary to obtain an installment plan;
6. repayment terms, amount of monthly payments;
7. date, signature. If the interests of the debtor are represented by a human rights defender, you must attach a copy of the power of attorney.

Common reasons for which you can apply for an installment plan:

1. dependents are supported;
2. alimony payments;
3. lack of permanent work;
4. expensive treatment;
5. unstable financial situation;
6. other grounds from which the material insolvency of the debtor is determined.

Of course, all the reasons stated in the application must be documented.

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Attachments to the application:

1. copies of statements for participants (executor, claimant, guarantors);
2. documentary evidence;
3. You can draw up a schedule based on your financial capabilities, according to which the debt will be paid to the creditor.

If the borrower does not independently provide a schedule, then the court determines the procedure, terms and monthly amounts based on the case materials, taking into account the opinions of the parties.

Review results

Based on the results of consideration of the application, the judicial authority issues a decision by which:

1. satisfies the petition - the debtor managed to obtain an installment plan for the specified period;
2. refuses to satisfy the requirements due to insufficient justification. In such circumstances, enforcement measures will be applied to the borrower.

If the issue is resolved positively, the debtor’s main task is to regularly make payments according to the established installment schedule. Then neither the creditor nor the executors have the right to demand that the borrower repay the debt ahead of schedule or in amounts other than those determined by the court.

Installment plan under a settlement agreement

In order to prevent the initiation of enforcement proceedings, even at the stage of legal proceedings, the borrower can try to negotiate with the lender on the provision of installment plans for loan obligations. This method is implemented by concluding a settlement agreement between the parties on the basis of Article 39 of the Code of Civil Procedure of Russia. And if enforcement proceedings have already been opened, then, guided by Article 50 of Federal Law No. 229, the debtor and creditor can also apply to the court to approve the settlement agreement. If the participants reach conditions that suit everyone and do not violate anyone’s interests, the court will approve such an agreement.

Author of the article: Petr Romanovsky, lawyer In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, and criminal cases.

How to pay off debt correctly

Dear debtor!

If you, having checked yourself in the Data Bank of Enforcement Proceedings, have learned that there is an unfinished enforcement proceeding against you in a particular department of bailiffs, begin to act based on the circumstances.

1. If you have not repaid the specified debt, immediately take measures to repay it.

You can pay your debt using any of the following methods:

a) through the official website of the FSSP of Russia and the QIWI payment system (if you have an electronic wallet);

b) through payment terminals of Sberbank of the Russian Federation;

c) through branches of Sberbank of the Russian Federation, by printing out a receipt from the service “Data Bank of Enforcement Proceedings”;

d) through a bailiff, by coming to a personal appointment at the bailiff department (the name of the department and the name of the civil servant who is conducting your enforcement proceedings will be indicated in the data bank), uniform reception hours: from 10.00 to 15.00 on Tuesdays and from 16.00 to 20.00 on Thursdays.

2. If you have repaid the specified debt, but the enforcement proceedings against you remain unfinished, bring the necessary information to the attention of the bailiff.

To do this, you can use one of the following methods:

a) call the bailiff and provide the details of the payment document (payment receipt):

b) send a copy of the receipt to the bailiff department by fax.

3. If you have repaid the specified debt and brought the necessary information to the attention of the bailiff, but the enforcement proceedings against you remain unfinished, and you continue to receive SMS reminders about debts on your mobile phone, please inform the management of the Office of the FSSP of Russia about this Pskov region.

To do this, use one of the following methods:

a) contact the Federal Bailiff Service of Russia in the Pskov region via the Internet reception, indicating in the application the details of your payment document;

b) contact by phone, providing the details of your payment document to the duty department of the Federal Bailiff Service of Russia in the Pskov region at number 699-099 (operating around the clock) or by fax 53-99-03.

Remember: enforcement proceedings can be completed only after funds have been received into the department’s deposit account and the bailiff has received documentary confirmation of the payment made by the debtor.

Document creation time: 04 June 2012 17:44

Is it possible to pay a debt to bailiffs in installments?

If you are in debt on a loan, then expect consequences.

The bank will not miss the opportunity and will forcibly collect the debt. If the court satisfies the credit institution's claims, then bailiffs will intervene in the case.

But a court decision alone is not enough to initiate enforcement proceedings. Two important conditions must be met:

1. the debtor did not challenge the court decision within the prescribed period;
2. did not repay the loan debt within 30 days.

In such a situation, the bank will send a writ of execution to the bailiff service, which will deal with forced collection. The bailiff will initiate proceedings in the case and notify the debtor and creditor of his decision.

What to do in such a situation and is it possible to pay the debt in installments? We'll tell you further.

What can a bailiff do?

As soon as the bank has submitted the writ of execution to the FSSP, then all issues regarding the debt are resolved through bailiffs.

Federal Law “On Enforcement Proceedings” No. 229-FZ gives bailiffs full powers to enforce the collection of loan debt. Not only your income, but also your property will be used to pay off the debt.

As soon as the bailiff has handed you the order to initiate enforcement proceedings, you have 5 days to repay the loan debt voluntarily.

You can voluntarily repay the loan within 5 days.

If you have not made payment after this period, the bailiff will begin to search for your income and property, which can be recovered to pay off the debt. He also has the right to restrict your travel outside the Russian Federation or take away your driver’s license.

The bailiff can seize not only your bank accounts, but also your property.

Is it possible to pay off a debt in installments?

To avoid such unpleasant consequences, but at the same time pay off the debt, ask for an installment plan for the execution of the court decision.

As a rule, installment plans are the most affordable and simplest way to solve the problem. You gradually repay the debt, and the bailiff will not use coercive measures to collect it. This is beneficial for both parties.

Submit an application for an installment plan for the execution of the court decision.

What needs to be done to receive installment plans?

You should not wait for a personal visit from a bailiff to your home. As soon as you receive a decision to initiate enforcement proceedings, go to court.

An application for granting an installment plan for the execution of a court decision must be sent to the same court that made the decision to collect the debt. the law gives you this right.

You need to ask for an installment plan from the court that heard your case.

How to properly file an application to the court?

The application is drawn up in free form. But it should reflect:

• the date when the decision to collect the loan debt was made;
• date of entry into force of the court decision;
• the amount charged;
• the reason why you cannot pay off the debt in one lump sum;
• request for an installment plan - indicate the installment period in months and the amount of the monthly payment.

The court will take into account only compelling arguments - the presence of dependents, loss of health or work, maternity leave, alimony, payment of rent or utilities.

The reasons for insolvency must be documented.

The application must be signed, the date of its preparation must be indicated and the necessary documents and their copies must be attached (according to the number of persons participating in the enforcement proceedings):

• your petition;
• a document confirming the fact of financial insolvency;
• payment schedule.

We recommend that you draw up a debt repayment schedule yourself, taking into account your own financial capabilities. Otherwise, the court will assign its own option for repaying the debt, which you will not be able to fulfill.

Download a sample application for installment execution of a court decision

Consequences of going to court for an installment plan for execution of a decision

After going to court for an installment plan, there are 2 possible scenarios:

If the request for an installment plan is granted and your proposed payment schedule is approved, then half the job is done. All that remains is to make payments in good faith. Neither the creditor nor the bailiffs will have any grounds or right to demand early fulfillment of obligations.

The court may refuse to grant an installment plan. And you will have to communicate with the bailiffs again.

Let us note one nuance.
If you violate the schedule established by the court, the bank has the right to cancel the installment plan through a court order.

If you are given a chance to pay off your debt in parts, do not violate the payment schedule.

Settlement agreement between debtor and claimant

Another option in which you can repay the debt in installments and exclude forced collection measures is concluding a settlement agreement with the bank.

It can be concluded both at the stage of litigation and enforcement proceedings. As a rule, banks are willing to settle with defaulters. This allows them to return the borrowed money and not spoil the statistics.

Agree with the bank on an installment plan and enter into a settlement agreement.

Most often, the settlement agreement repeats the same conditions that were in the loan agreement. But the borrower is given an additional period to repay the overdue debt and reimburse the bank for legal costs.

If the parties have no claims, and the terms of the agreement do not violate the rights and interests of third parties, then the court will approve it. The main thing is to pay on time and according to the established schedule.

If enforcement proceedings have already been initiated, there is a chance to agree on an installment plan with the bank. However, credit institutions in this situation rarely agree to a settlement. Nevertheless, such practice exists.

Convince the bank to agree to a settlement to suspend enforcement proceedings.

How to conclude a settlement agreement?

The main thing is to obtain the bank’s consent. A settlement agreement is only possible if the parties have agreed to repay the debt in installments.

Therefore, you need to contact the bank and ask for the preparation of conditions. If you are satisfied with them, then at the next court hearing the settlement agreement will be approved.

Debt installment plans are advisable if you have property and bank deposits. To avoid their arrest, you should take care of repaying the debt in installments - either in installments or through a settlement agreement.