What does enforcement fee from bailiffs mean?

Article 112. Enforcement fee

See Encyclopedias, positions of higher courts and other comments to Article 112 of this Federal Law

1. The enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the period established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the date of receipt of a copy of the bailiff’s decision - the executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.

Information about changes:

Federal Law No. 225-FZ of July 18, 2011 introduced amendments to Part 2 of Article 112, which come into force ninety days after the official publication of the said Federal Law

2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

Information about changes:

Federal Law of December 28, 2013 N 441-FZ, part 3 of Article 112 is stated in a new wording

3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.

Information about changes:

Part 3.1 amended from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

3.1. In relation to several debtors for joint collection in favor of one claimant, the enforcement fee is collected jointly and severally in the amount established by part 3 of this article.

4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

5. The enforcement fee is not collected in cases where enforcement proceedings are initiated:

1) according to an executive document received in the manner established by Part 6 of Article 33 of this Federal Law;

2) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

Information about changes:

Federal Law of July 18, 2011 N 225-FZ introduced amendments to paragraph 3 of part 5 of Article 112, which come into force ninety days after the official publication of the said Federal Law

3) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

Information about changes:

Clause 4 amended from October 1, 2019 - Federal Law of November 28, 2018 N 451-FZ

4) on judicial acts on interim measures, preliminary protection measures;

Information about changes:

Federal Law No. 410-FZ of December 6, 2011, added paragraph 5 to Part 5 of Article 112, which comes into force on January 1, 2012.

5) according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons;

Information about changes:

Federal Law No. 49-FZ of April 5, 2013 supplemented Part 5 of Article 112 with paragraph 6, which comes into force thirty days after the official publication of the said Federal Law

6) according to executive documents containing requirements for serving compulsory labor;

Information about changes:

Federal Law of May 5, 2014 N 126-FZ, part 5 of article 112 was supplemented with paragraph 7

7) at the request of the central authority to search for a child;

Information about changes:

Part 5 of Article 112 was supplemented by paragraph 8 from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

8) according to enforcement documents in relation to a debtor-citizen undergoing restructuring of a housing mortgage loan (loan) in accordance with assistance programs for certain categories of borrowers approved by the Government of the Russian Federation, within the framework of enforcement proceedings for the collection of a restructured housing mortgage loan (loan).

Information about changes:

Part 5.1 amended from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

5.1. Unfulfilled orders for the collection of an enforcement fee issued in relation to a debtor-citizen undergoing restructuring of a housing mortgage loan (loan) in accordance with assistance programs for certain categories of borrowers approved by the Government of the Russian Federation, within the framework of enforcement proceedings for the collection of a restructured housing mortgage loan (loan), as well as within the framework of enforcement proceedings subject to termination on the grounds established by paragraphs 4, 5, 10 - 12 of part 2 of Article 43 of this Federal Law, are canceled by the bailiff.

6. The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the bailiff’s decision to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.

By the ruling of the Constitutional Court of the Russian Federation dated April 2, 2015 N 654-O, it was refused to accept for consideration a complaint about a violation of the constitutional rights and freedoms of the applicant by the provisions of Part 7 of Article 112 of this Federal Law as not providing for the possibility of reducing the enforcement fee by more than one quarter, since according to Resolution of the Constitutional Court of the Russian Federation dated July 30, 2001 N 13-P, the establishment of specific amounts of penalties for violation of the rules of forced execution of judicial and other acts is the prerogative of the legislator, while the size of such a fee, since its collection is associated with a limitation of the constitutional right of property, in any case case must meet the criterion of proportionality

See also the explanations of these acts given in the resolution of the Constitutional Court of the Russian Federation dated January 19, 2017 N 1-P

7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

8. If the court accepts for consideration the application or claim specified in Part 6 of this article, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.

9. If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly. In this case, the debtor is returned the excess amount of money collected from him.

10. The enforcement fee is returned to the debtor in full in cases of cancellation:

1) a judicial act, an act of another body or official, on the basis of which the executive document was issued;

2) executive document;

Information about changes:

Clause 3 amended from March 7, 2018 - Federal Law of March 7, 2018 N 48-FZ

3) resolution of the bailiff to collect the enforcement fee, except for the cases provided for in part 5.1 of this article.

11. The return of the enforcement fee to the debtor is carried out in the manner determined by the Government of the Russian Federation.

How to cancel the enforcement fee of bailiffs

In the practice of forced collection of debts through the court, there is such a measure of influence on the debtor as an enforcement fee. It is imposed on a citizen if, within a certain time, he has not taken measures to repay the existing debt. The amount of the fee is established by law and is 7% of the amount of the collected debt. This is quite a significant number. It is not surprising that the question “How not to pay the enforcement fee to the bailiffs?” often interests citizens faced with the FSSP. Let's try to figure it out.

The procedure for determining the enforcement fee

The legislation on enforcement proceedings describes the procedure for establishing an enforcement fee as follows:

a citizen is determined in court to pay off his debts within a certain period of time;
in case of inaction of a citizen, the case is transferred to bailiffs;
the bailiff issues a decision to collect the debt;
the resolution is handed to the debtor personally by an employee of the FSSP or sent by mail;
If a citizen has not paid the debt within 5 days from the date of receipt of the document, he is additionally subject to the obligation to pay an enforcement fee.

If any violation is recorded at at least one of the described stages, the obligation to pay the fee can be challenged. In addition, the law establishes completely legal grounds for refusing penalties.

Legal grounds for refusing a fee

Is it necessary to pay the fee established by the FSSP employee? Not always. The law provides that the imposition of penalties on a debtor is possible only if the bailiff proves that he did not take any actions to comply with the court decision. If you have paid the debt imposed on you (or at least part of it) within the prescribed period, it is enough to notify the specialist involved in your case. Perhaps the data on debt repayment has not yet reached him. Based on new information, the collection order can be canceled.

In addition, according to the law, the fee should not be imposed on a citizen who could not fulfill the obligations imposed on him by the court due to force majeure. These include:

natural disasters;
hostilities;
mass riots.

What’s interesting is that the debtor’s illness does not fall into the category of force majeure. But if you have documents confirming that your health condition did not allow you to make payment on time, you can file a claim with the court for exemption from the enforcement fee.

Important! If the court establishes an installment plan for the payment of the principal debt, the citizen is completely exempt from prosecution by bailiffs for the entire period of the installment plan. They also have no right to charge him a fine.

In addition, the difficult financial situation of the debtor may be grounds for refusal to pay the fee. Naturally, it must also be documented. Here you can present income certificates, documents confirming payment of alimony, expenses for medicines, maintenance of dependents, etc. Written statements of witnesses can also be used as evidence.

Situations exempt from the fee

According to the Federal Law “On Enforcement Proceedings”, a fine cannot be imposed twice on the same writ of execution. In other words, a citizen should not pay it more than once in a specific debt case.

In addition, the following situations are exempt from the fee:

judicial acts on interim measures;
resolutions requiring compensation for the costs of bailiffs;
resolutions on the expulsion of stateless persons from the Russian Federation;
requests to search for children;
executive documents establishing the obligation of forced labor for the debtor.

Important! If in one of the listed cases a decision was made to collect fines, the citizen has the right to challenge it in court. Also, through legal proceedings, he can return the enforcement fee from the bailiffs if he has already paid it, without going into details.

Illegal actions of bailiffs

There is another way to cancel the enforcement fee of bailiffs. As stated above, the obligation to pay a debt arises for a citizen only after he receives a writ of execution. This document can be handed to him personally against signature or sent by mail. If sent by registered mail, the date of receipt of the document is determined by postal notification. If the writ of execution was sent by regular letter, i.e., without notification of delivery, it is considered received 5 business days after sending. It is from this moment that the countdown begins in which the citizen must fulfill the debt obligations imposed on him.

If bailiffs report a debt through a personal visit (but without presenting a document), using a phone call or through friends/neighbors/relatives, then this is not a basis for any action on the part of the citizen. In such a situation, it is considered that he was not notified of the debt that had arisen. Consequently, they have no right to impose enforcement payments on him.

How to challenge a bailiff's decision

The decision to collect an enforcement fee can be appealed by a citizen within 10 working days from the date of its issuance. Only after this does it come into effect.

Appeal must be made only through the court. An appeal to the head of the FSSP employee who made the decision will not yield any results. Moreover, it goes against the law. That's why:

if a citizen has grounds for reducing or canceling the enforcement fee, he contacts the FSSP employee in charge of his case with supporting documents;
if a citizen believes that the fee has been established for him illegally (due to violations of the notification procedure or other circumstances), he must file an application with the court at his place of residence.

Proceedings in such cases usually take several months. But it is precisely this that, nevertheless, gives a chance to get rid of penalties.

Website of bailiffs of Russia - addresses, telephone numbers and reviews

Contact information for bailiffs of Russia and all departments

Amount and methods of payment of the enforcement fee of bailiffs

Consideration in court is a generally accepted method of resolving various controversial issues not only in commerce and entrepreneurship, but in life situations. The case, in which the judge made a decision in favor of one of the parties, is transferred to the department for the execution of court decisions, and the bailiffs begin to deal with it. However, the loser does not always rush to immediately pay off the debt or fulfill another decision for various reasons. Such debtors are forced to familiarize themselves with the concept of what an enforcement fee is from bailiffs, and a similar penalty is applied to them.

Introduction to the performance collection

This concept means a penalty for failure of one of the parties to comply with a court verdict. The Department of Bailiffs draws up papers on the obligation to pay the amount recovered in case of failure to fulfill the responsibility assigned to it as a result of the proceedings. The losing party is given a set time to complete it voluntarily, otherwise they will have to pay a fee to the department of enforcement proceedings. Having received a copy of the resolution, it is necessary to comply with the order within 24 hours.

After the end of the period of time allowed for the implementation of the decision, a case is opened, and the defendant must be notified about it. Starting from this period, it becomes his duty to inevitably pay a fine, and all papers must be included in the documentation.

Issuing a resolution to collect an enforcement fee

Article 112 of Federal Law No. 229 “On Enforcement Proceedings” states that the bailiff, after establishing that the debtor has failed to comply with the terms of the execution document, should voluntarily make an appropriate decision on the collection of an enforcement fee approved by the senior bailiff. This resolution must include the following information:

detailed name of the bailiff's office and its location;
date of the resolution;
initials and position of the person who announced the decision with his signature;
title and numbering of the execution proceedings;
the reason for the verdict (failure to comply with the writ of execution at the appointed time);
the basis of the adopted resolution indicating the Federal Law “On Enforcement Proceedings” and regulatory legal documents;
the wording of the resolution itself and the rate charged;
bank account number for payment;
information about the rules of appeal.

The decision is sanctioned by the signature of the head of the bailiff department and confirmed by the stamp of the organization. The defendant must be familiarized with the contents of the verdict on his obligation to pay not only the amount of the debt, but also the enforcement fee by order of the bailiff. A copy of the decision is sent to him at his place of residence.

Reasons for forcing payment of enforcement fees

In relation to Article 112 of Federal Law No. 229, there are 2 reasons for collecting an enforcement fee. They are:

evasion of voluntary payment of the prescribed payment;
failure to provide information and evidence of the impossibility of implementing the decision at the appointed time due to exceptional circumstances.

The deadline for voluntary payment is set only upon the initial receipt of the payment request to the bailiffs department. This fact is of great importance: in reality, there are situations of repeated submission of payment requests.

For example, according to Article 46 of the Federal Law, the writ of execution is re-sent to the plaintiff if the debtor does not have property that could be recovered. However, such a fact is not considered an obstacle to further debt collection with an extension of the period to 3 years (Article 21). You can voluntarily pay the debt within 5 days if the debtor has been informed of the deadline for execution of the collection, and this period does not include weekends and holidays. After being informed of the initiation of a case, you should urgently deposit the amount into the FSSP account.

The debtor must prove that he is taking specific measures to comply with the payment requirements. Such an argument could be, for example:

getting a job without having had a source of income up to that point;
provision of payment orders for payment of funds to bailiffs if they do not reach the addressee.

Voluntary execution usually begins after appropriate notification to the debtor, which is considered a significant nuance. There are many notification methods, and often bailiffs use all these methods at the same time. These include:

postal letters with a reply message;
using all the capabilities of a cell phone and telegraph;
personal visit to the debtor at his place of residence.

If the defendant refuses to confirm receipt of the notice, he is considered informed and a note is made to reject the receipt of the document.

Amount of payment

The amount of the enforcement fee in 2018 is 7% of the value of the debt or the price of the required items during property recovery. The payment must be at least 1000 rubles for an individual or individual entrepreneur and 10 thousand rubles for legal entities. For non-property claims, a citizen or individual entrepreneur pays 5,000 rubles, and a company or organization pays 50 thousand rubles. In the case of joint obligations, the amount of the enforcement fee is 7% for each debtor: the citizen is obliged to pay at least 1 thousand rubles, and the company - from 10 thousand rubles. When collecting payments periodically, 7% is taken from each payment.

Reasons for exemption from payment

Due to their legal illiteracy, defendants do not always know about the grounds for not paying this type of fine. Bailiffs do not report these points for the simplest reason – it is unprofitable for the performance indicators of their work: the amount of enforcement fees characterizes the quality of the institution’s work.

The defendant is exempt from collecting a fine only for serious reasons and only after providing compelling arguments to the bailiff. The reasons for canceling the enforcement fee are:

obstacle of insurmountable circumstances;
providing the defendant with an extension of time.

Force majeure includes natural disasters and social events. The issue of classifying the defendant’s illness as unavoidable circumstances is ambiguously resolved - it depends on the severity of the illness and the probable danger to his life. A difficult financial situation is also not considered an insurmountable condition. However, the payment may be reduced by the court when the debtor tries to get out of the crisis.

A fairly effective measure, not often used by defendants, is the use of a deferment (or installment plan). To do this, the defendant must not only write an appeal to the court, but also promptly inform the bailiff about this, providing the necessary arguments. The deferment goes beyond the scope of coercion; this situation does not affect the voluntary fulfillment of obligations by the debtor.

The enforcement fee is not charged when carrying out proceedings:

on delegation of instructions from another bailiff;
for execution in a territory where his duties do not apply;
when submitting a writ of execution for the second time;
upon request for forced eviction from the borders of the Russian Federation of foreigners or those without citizenship;
as prescribed by compulsory work;
upon request to search for children.

The defendant's side has the right to appeal the decision of the bailiff, and it is necessary to appeal the actions of the bailiff to his management. A reduction in the amount of the enforcement fee in the presence of mitigating circumstances is regulated by filing an application with the court. To make payment for this payment, there is its own BCC - budget classification code.

To improve legal literacy, participants in cases involving the collection of debts, alimony, fines, and taxes should understand what enforcement fees are from bailiffs. Cases related to the payment of debts are classified as difficult; it is possible to challenge them or reduce the amount of debt. However, the defendant's payment may be higher due to the enforcement fee, which is a penalty for those who do not meet financial obligations in a timely manner.

Article 112. Enforcement fee

See Encyclopedias, positions of higher courts and other comments to Article 112 of this Federal Law

Information about changes:

Federal Law No. 225-FZ of July 18, 2011 introduced amendments to Part 2 of Article 112, which come into force ninety days after the official publication of the said Federal Law

Information about changes:

Federal Law of December 28, 2013 N 441-FZ, part 3 of Article 112 is stated in a new wording

Information about changes:

Part 3.1 amended from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

3.1. In relation to several debtors for joint collection in favor of one claimant, the enforcement fee is collected jointly and severally in the amount established by part 3 of this article.

4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

5. The enforcement fee is not collected in cases where enforcement proceedings are initiated:

1) according to an executive document received in the manner established by Part 6 of Article 33 of this Federal Law;

2) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

Information about changes:

Federal Law of July 18, 2011 N 225-FZ introduced amendments to paragraph 3 of part 5 of Article 112, which come into force ninety days after the official publication of the said Federal Law

3) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

Information about changes:

Clause 4 amended from October 1, 2019 - Federal Law of November 28, 2018 N 451-FZ

4) on judicial acts on interim measures, preliminary protection measures;

Information about changes:

Federal Law No. 410-FZ of December 6, 2011, added paragraph 5 to Part 5 of Article 112, which comes into force on January 1, 2012.

5) according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons;

Information about changes:

Federal Law No. 49-FZ of April 5, 2013 supplemented Part 5 of Article 112 with paragraph 6, which comes into force thirty days after the official publication of the said Federal Law

6) according to executive documents containing requirements for serving compulsory labor;

Information about changes:

Federal Law of May 5, 2014 N 126-FZ, part 5 of article 112 was supplemented with paragraph 7

7) at the request of the central authority to search for a child;

Information about changes:

Part 5 of Article 112 was supplemented by paragraph 8 from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

Information about changes:

Part 5.1 amended from March 17, 2019 - Federal Law of March 6, 2019 N 24-FZ

See also the explanations of these acts given in the resolution of the Constitutional Court of the Russian Federation dated January 19, 2017 N 1-P

10. The enforcement fee is returned to the debtor in full in cases of cancellation:

1) a judicial act, an act of another body or official, on the basis of which the executive document was issued;

2) executive document;

Information about changes:

Clause 3 amended from March 7, 2018 - Federal Law of March 7, 2018 N 48-FZ

3) resolution of the bailiff to collect the enforcement fee, except for the cases provided for in part 5.1 of this article.

11. The return of the enforcement fee to the debtor is carried out in the manner determined by the Government of the Russian Federation.

Bailiffs' enforcement fee: what is it and how is it charged?

One way or another, some bank debtors, postponing debt repayment, may face the judicial system. The creditor seeks to recover his own funds, so he has to use claims against debtors. They are usually carried out through writ proceedings in which the defendant does not participate. For this reason, the visit of the bailiffs may be a surprise for the debtor. Bailiffs, in certain cases, also charge an enforcement fee, so the amount of debt returned by the debtor, although fixed by the court, can be increased in a certain way.

What is a performance fee

Protocol: document execution

An enforcement fee is a certain financial sanction obliging the debtor to pay a fine in case of violation of the requirements specified in the enforcement document. The time given for their implementation is not more than five days from the moment the debtor was notified of the enforcement proceedings that were initiated against him.

A document confirming the fact of notification is also relevant to enforcement proceedings and is attached to the rest of its papers. The enforcement fee of bailiffs will be required in the following situations:

the debtor fulfilled the prescribed requirements later than the allotted time limit
the debtor refuses to receive the writ of execution
the debtor does not comply with the requirements that are assigned by the court and presented in the writ of execution
the debtor cannot provide evidence confirming the presence of compelling reasons due to which he was unable to comply with the instructions of the writ of execution on time

A certain financial sanction is an enforcement fee

The decision to collect the enforcement fee of bailiffs can be appealed in court. The debtor may also submit an application to the court to defer the collection of a fine, to reduce the amount of the fine, or to completely exempt it from its collection.

A deferment may be given if the debtor is in a difficult financial situation, due to which he can pay a fine within the specified time frame. In cases where the debtor cannot fulfill the requirements put forward to him by the writ of execution on time for reasons that do not depend on him. The amount of the fee may be reduced by no more than 25% of the amount established by the bailiff.

Complete exemption from payment is allowed only in situations where the debtor is unable to fulfill the demands placed on him due to insurmountable circumstances.

The enforcement fee is seven percent of the amount charged under the writ of execution. The amount of the fee depends on the type of person executing the court order and cannot be an amount less than 500 rubles in the case where the debtor is an individual, and if the debtor is an organization, then the amount of the fine is no less than 5,000 rubles. Enforcement fee is a fine imposed by bailiffs on the debtor. It may be charged in various situations when the latter does not comply with the conditions prescribed by the executive document.

How is the performance fee charged?

The execution fee can be quite large

An enforcement fee is an additional amount charged by bailiffs if the terms of execution of the enforcement document were violated by the debtor. This fee is issued in the form of a separate document. This document is subject to execution in the proceedings in which the bailiff is engaged, and therefore must be sent to the debtor.

The document has a certain form established by the Federal Service, and must also be signed by bailiffs: those who compiled it and the senior bailiff representing the court.

The amount of the enforcement fee can be quite significant, so the debtor is recommended to comply with the instructions of the enforcement document in a timely manner: this will avoid additional costs. When the conditions specified in the document are met, it is necessary to let the bailiff know about this as soon as possible, thus preventing the decision to levy additional fees.

If the debtor does not comply with court orders, a fine will be charged

The enforcement fee may be demanded from the person against whom enforcement proceedings have been initiated if the bailiff has evidence of the debtor’s failure to comply with the requirements of the enforcement document. Also, this penalty may be levied in cases where the debtor cannot prove the actual weight of the reasons that prevented the timely implementation of the instructions. An enforcement fee is assigned in the following situations:

court orders were not executed by the responding person within the specified time frame
there is documentary evidence of delivery of the writ of execution to the debtor or
proof that the latter refused to receive this document
requirements ordered by the court have not been met
the debtor lacks compelling reasons for failure to comply with the prescribed requirements

An enforcement fee is a financial sanction drawn up in the form of a separate document that is subject to execution. It may be appointed in certain cases when the debtor does not comply with court orders within the allotted time frame or refuses to comply with them at all.

The enforcement fee of bailiffs is a fine that primarily applies to debtors. Charged in cases where the debtor refuses to voluntarily comply with court orders and the bailiff is obliged to carry out the enforcement procedure.

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