Do debts from bailiffs burn out?

The statute of limitations for enforcement proceedings by bailiffs will begin 3 years after any court issues a writ of execution to the recoverer. That is, for it to expire, you need a specified amount of time without handing it over to the bailiffs. Also, this period of time may end when, after the bailiffs suspended the proceedings, the person or organization with the writ of execution did not want to contact the FSSP to repeat the procedure.

According to the above facts, it becomes clear that the answer to the question of whether bailiffs have a statute of limitations is positive, that is, it is provided for. But what benefits will debtors, who mainly ask such questions, receive in a situation where the time for litigation is over?

What will a person who has a debt that has expired benefit from?

When the statute of limitations for enforcement proceedings by bailiffs expires, nothing will change for any debtor; he will remain with the same debt and the obligation to repay it. Officials from the FSSP will also have the right to search for sources of income of such a person, his property, and sell it.

All this means that the statute of limitations for debt collection by bailiffs does not automatically expire. That is, this must be proven in court, which you need to go to yourself in order to prevent any actions on the part of the bailiffs or wait until the other party contacts the judicial authority and declare that the statute of limitations for the enforcement proceedings of the bailiffs has already expired. In both cases, you need to justify your point of view, provide evidence, so the fact that 3 years have passed since some point is not yet a sufficient basis for recognizing the fact.

This means that the debtor will receive a tangible benefit only when the creditor leaves him alone . For example, banks do this if the loan amount is small and it is expensive for them to collect it. In any other case, an event such as the expiration of a statute of limitations will only lead a person to new disputes with an unknown result.

When can a debt be written off?

On the Internet, people often look for an answer to this dilemma: how long does it take for bailiffs to write off debts? Or the answer to the question - how many years can bailiffs collect a debt? The legislation does not give reason for optimism for the borrower, just the debtor - collection can last indefinitely, and the debt can go to the heirs. What’s even worse, even with a minimal investment of time and effort, any creditor can control the situation without making mistakes or deviations from legal norms, including the expiration of statutes of limitations. For example, there are cases when creditors extend the limitation period for several 3-year periods.

This means that the question of how much debt the bailiffs owe is not relevant for borrowers - this may never happen if the other party to the conflict does not agree. When she comes to terms with the situation, at least the specified 3 years must pass from the moment the collection procedure is suspended.

How does the collection process work or why is it not profitable to wait?

Those who are interested in when debts from bailiffs are written off should know that from the moment the writ of execution is handed over to the bailiffs, these people have two months to collect any debt. But in many cases they are not invested in the allotted period and the procedure becomes much longer. In many ways, it depends on the other side of the dispute, on his desire and activity. However, if there is no progress within six months, the FSSP will return the writ of execution to the claimant. From this moment, the time required by the debtor begins to expire, but the statute of limitations can be interrupted at any time by the other party. The bank, ex-spouse, or any other claimant can again turn to the bailiffs or to the court, after which a new round of the collection process will begin.

Although usually overloaded with work, bailiffs do everything in the standard way, for example, they send requests to addresses known to them, to a potential place of work. When this does not produce results, then after a while they can repeat or expand the procedure. An experienced collector, for example, a bank lawyer, will be able to give the procedure a much greater scope, as a result, the arrival of bailiffs at home, at work, and various requests will become a common occurrence in a person’s life with a frequency of several months to many years.

Therefore, a person interested in how to write off debts from bailiffs must understand that, for the most part, the ability to benefit from the expired period of limitation depends on the other side of the dispute, but not on the person-debtor. As a result, a lot of nerves and time are wasted.

This means that if you are interested in the question of whether bailiffs have a statute of limitations, it is better to think about how to get rid of the debt in a more reliable way, for example, by restructuring the debt and writing off part of it. What will stabilize the situation, give a person peace and a guarantee that in the long run he will benefit from it.

How long does it take for bailiffs to write off debts?

According to Central Bank statistics, the debts of Russian citizens to banks have exceeded twelve trillion rubles. A huge number of these loans have received the status of bad loans, and people are trying in every possible way to get rid of the “black mark” in the NBKI. In total, there are four options for how bailiffs write off debts. You need to understand that they are more complicated and unpleasant than simply paying off debt. Situations in which loan write-off is possible:

bankruptcy;
the statute of limitations has expired;
death of the debtor;
liquidation of the bank.

Bankruptcy

The process of bankruptcy and debt write-off is available to both individuals and legal entities, as well as government agencies. After filing for bankruptcy, there are 3 ways to further develop the situation:

restructuring or a new payment procedure, with a period not exceeding 3 years. In this case, writing off penalties and fines is often used;
property is being sold. The proceeds are used to cover the debt. After receiving bankruptcy status, you should not hope for 100% write-off;
settlement agreement. If the participants come to this option, then the bankruptcy process will be closed.

Death of a citizen

Debts are completely canceled if the debtor dies. But there is a possibility that debt obligations can be inherited. Each case is unique and therefore is considered separately.

The statute of limitations has expired

Three years is the statutory limitation period. Please note that this is the period during which the bank can file a claim and send a writ of execution to the FSSP in order to collect the debt.

Bank liquidation

During liquidation the situation is clear. Simultaneously with the termination of the bank’s activities, all client obligations are canceled, including payments under loan agreements.

Can bailiffs write off debts?

The bailiffs will try to return the money in every possible way. For example, they can write off 50% of the defaulter’s pension and salary. However, according to the law, they cannot withdraw money from the account of a large family, which receives child benefits and alimony.

If there are no options to pay, then there is the opportunity to take advantage of V. Putin’s amnesty for housing and communal services and taxes.

According to the amnesty, the following debts are considered uncollectible and subject to write-off:

on fines;
penalties and taxes incurred by entrepreneurs by the end of 2014;
on insurance contributions to state extra-budgetary funds of the Russian Federation for periods until the end of 2016.

What is the statute of limitations for enforcement proceedings?

The statute of limitations expires 3 years from the moment the creditor receives the writ of execution from the court. This period expires only if the order has not been transmitted to the FSSP for three years. Also, the deadline comes when the bank does not want to re-open enforcement proceedings.

Note! The defaulter is released from the debt if the creditor himself gives up trying to claim the money. Banks do this with small amounts, the collection of which is unprofitable.

Even after the three-year period has passed, the defaulter will most likely have to prove this in court in order to be one hundred percent protected from the actions of the bailiffs. Or you need to wait for the other party to go to court and prove there that the limitation period has passed. You will have to provide evidence and convincingly justify your position. The best way to find out how long the debt has been with the bailiffs is from the contractor himself.

How to write off a loan: after how many years the debt is written off

Debtors want to know how long it takes for bailiffs to write off debts.
The official statute of limitations period for the loan is 36 months. It is important to keep in mind that this is the time when the creditor can sue to demand money and submit a writ of execution to the FSSP. There are other cases in which a bank can forgive a debt:

Part of the loan can be written off by agreement between the defaulter and the creditor. Sometimes it is possible to write off up to 75% of the loan amount out of court;
cancellation of sanctions and fines if their amount is more than 50% of the debt amount;
debt removal from the co-borrower and guarantor.

Is there a statute of limitations for bailiffs following a court decision?

The FSSP has two months left to collect money from the defaulter. If the borrower does not have money and property, then the writ of execution will be returned to the creditor. At this moment, all restrictions on the debtor are lifted. Including, he can cross the border again.

Writing off bad debts has become easier. In the past, proving that a debt was bad was a very difficult task for any accountant. But thanks to changes in the law, this task has become quite feasible.

Now, a debt for which a decision has been made to close enforcement proceedings due to the absence of the debtor or property to be collected is considered hopeless.

Statute of limitations for debt collection by bailiffs

After the opening of enforcement proceedings, the powers to collect debts are transferred to the bailiff service. How long can the work of debt collection by bailiffs last and can this procedure become endless?

General limitation period for collection

When the bank fails to voluntarily receive its money from the borrower, it has no choice but to go to court to protect its interests. Based on the results of the consideration of the case, the judge opens enforcement proceedings, thereby transferring the work of collecting the resulting debt to the bailiffs. They will act within the limits of the legal possibilities for debt recovery and taking into account the statute of limitations.

Many borrowers have high hopes for the expiration of the statute of limitations for debt collection on loans. They believe that after they manage to withstand the pressure of the bailiffs for a certain time, their debt will be written off. Let's try to figure out how things really are.

Russian legislation has established a deadline for debt collection on credit debts of 3 years (Article 21, Article 22 of Law No. 229-FZ). But the law quite well protects the rights of creditors and gives them the opportunity to extend the collection period. As a result, the statute of limitations may never expire and debts may be inherited.

In practice, debtors rarely manage to wait until the statute of limitations expires with minimal losses. After all, bailiffs are vested with a wide range of powers that help them collect debts. Thus, they have the right to seize accounts, come to the debtor’s home for an inventory and further sale of his property, send inquiries to the place of work, file a search for a hiding debtor, and cancel transactions with real estate and other expensive property over the past three years.

The debtor can avoid the negative consequences of enforcement proceedings only if he does not have a permanent source of income or if its amount does not exceed the minimum wage. And he also does not own any property that the bailiffs could confiscate. This is the only housing, property for generating income, clothing, food, things less than 100 minimum wages, household utensils, poultry, livestock, seeds, etc.

Only a few debtors with a relatively small amount of debt are lucky and banks write off the debt as bad. But usually bankers extend the statute of limitations by at least 6 years, and then the collection procedure becomes expensive from an economic point of view. Recently, cases of criminal cases initiated against malicious defaulters under the article of fraud have become more frequent.

How is the statute of limitations calculated?

The indicated three-year statute of limitations begins to count from the moment the judicial authority issues the writ of execution in favor of the creditor, or more precisely from the date the court decision enters into force (in accordance with clause 1 of Article 21 of Federal Law No. 229-FZ “On Enforcement Proceedings”).

The said document does not specify any limitation periods and compliance with them must be monitored by the interested party.

The limitation period expires in the following cases:

1. The writ of execution was not transferred to the creditor within three years. This situation is possible if the creditor bank decided not to collect the debt with the help of bailiffs. For example, he was able to agree with the debtor to sign a settlement agreement, debt restructuring, etc.

2. If the creditor decides not to resume enforcement proceedings within 3 years. In this case, the writ of execution is transferred to the FSSP, but due to various circumstances they were unable to fulfill their duties: for example, when the debtor simply has nothing to collect.

The decision of the Constitutional Court of March 10, 2016 protected debtors

Resolution of the Constitutional Court of the Russian Federation dated March 10, 2016 N 7-P “in the case of verifying the constitutionality of Part 1 of Article 21, Part 2 of Article 22 and Part 4 of Article 46 of the Federal Law “On Enforcement Proceedings” in connection with the complaint of citizen M.L. . Rostovtseva" protected debtors from endless extension of enforcement proceedings at the initiative of creditors.

This Resolution recognized that the provisions of the law on enforcement proceedings, which allow the creditor, at his discretion, without compelling reasons, to revoke the executive document, and then present it an infinite number of times and without limitations on the statute of limitations, do not comply with constitutional norms.

The essence of the matter was this. Against citizen Rostovtsev M.L. In 2010, enforcement proceedings were initiated due to the resulting debt on the loan. The loan was collateral, so foreclosure was imposed on the pledged property.

In mid-2011, the bank revoked the writ of execution from the FSSP, and the collateral was removed from sale. The bank's motives are not directly stated, but they are understandable. During the auction, the bailiffs were unable to sell the collateral, so by law they are obliged to offer it to the bank to pay off the debt.

The lender had no desire to accept the collateral, since it is a non-core asset for him and is quite difficult to put on the balance sheet, or he will have to spend additional resources on selling the collateral independently.

When the bank withdrew the writ of execution from the FSSP, it thereby relieved itself of the obligation to accept the collateral. This right of the creditor is regulated by clause 1, part 1, article 46 “On enforcement proceedings”.

Then the bank resubmits the writ of execution to the bailiffs in 2013 and withdraws it in April 2014 for the same reason. In December 2014, the bank again sent the writ of execution to the bailiffs.

Rostovtsev M.L. went to court, pointing out that, in his opinion, the bank missed the three-year deadline for presenting the writ of execution (Part 1 of Article 21 of the Federal Law “On Enforcement Proceedings”). But the courts refused to satisfy his demands, citing Art. 21, 22 and 46 Federal Law “On Enforcement Proceedings”. Their essence is that the limitation period was interrupted after each revocation of the writ of execution.

The Constitutional Court recognized that the absence of legal restrictions on the revocation of a writ of execution is a violation of the rights of the debtor and cannot be practiced by banks. As a result, the creditor bank lost its collateral and the right to collect the debt.

But it is important to understand that this court decision does not apply to those cases where the writ of execution was returned to the creditor due to the impossibility of collection.

What happens to the debt after 3 years?

Many debtors believe that after the writ of execution was with the bailiffs for three years and was never executed, they are released from their debt obligations. Actually this is not true.

Part 1 of Article 47 229-FZ provides an exhaustive list of grounds for ending enforcement proceedings. These include: fulfillment of the requirement; return of the document to the applicant, expiration of the statute of limitations or redirection of the document. But although the enforcement proceedings are considered completed, this does not indicate that the outstanding debt is canceled if it has not been collected.

The specified three-year periods are interrupted by partial execution of the document by the debtor. And after the bailiffs return the writ of execution to the creditors due to the impossibility of its execution and the exhaustion of available measures for collection (lack of income or property from the debtor), the creditor has the right to re-submit the writ of execution within 3 years after its receipt. In this case, enforcement proceedings will resume.

The writ of execution will lose its effect only if the creditor does not submit it for execution within three years in a row.

Thus, the expiration of the statute of limitations cannot be considered as a reliable way for debtors to protect their rights. Creditors can extend the terms of enforcement proceedings an infinite number of times. The only real way to get rid of debt forever is bankruptcy. After completing this procedure, all debts of the bankrupt to creditors are considered fulfilled and they no longer have the right to declare their claims against the debtor and attempt to collect the debt from him.

Five cases when bailiffs are prohibited from collecting debts from citizens

“When should the bailiff finally leave us alone?” - this question is often asked, knowing that the law has certain statutes of limitations for debt collection.

Of course, the most effective way to get rid of the “annoying bailiff” is to completely pay off your debts. Well, what if there is no way to find the required amount of money?

Closing enforcement proceedings without payment is not so easy. But there are still a few exceptional cases when the law prohibits the collection of debts, despite the fact that they are still outstanding.

Debt to the tax office

The Federal Tax Service writes off debt from debtor citizens if:

The bailiff returned the writ of execution, i.e. it was not possible to find the debtor, or his property, or the debtor does not have property with which to repay the debt.

The debt is written off if 5 years have passed since it arose, and the amount is not enough for bankruptcy (500 thousand rubles or more);

the court refused to initiate bankruptcy proceedings against the debtor, because he does not have enough funds to pay for all the necessary procedures, or the debtor has been declared bankrupt.

Administrative penalty

But if the debtor is deliberately “playing for time” by avoiding paying the fine, then the expiration of 2 years will not help him: the period is suspended until the obstacles to collecting the fine are removed.

"Not all at once"

By law, you cannot withhold more than 50%, and only for debts for alimony or compensation for harm to life or health, the permissible percentage of withholding increases to 70%.

Therefore, it is impossible to collect other debts from a debtor who has already had the maximum percentage deducted from his earnings or pension (unless it is a mortgage - then the apartment is sold).

For example: the debtor is deducted 70% from his salary to pay child support. Until this debt is closed (and this, as a rule, is not soon - until the child turns 18), the rest of his creditors will have to wait their turn.

"Roll the ball"

This also includes those cases when there is property, but according to the law it cannot be foreclosed on for debts (the only home, a survivor’s pension, a monthly cash payment for federal benefits, etc.).

Enforcement proceedings will be terminated only in one case: if the claimant misses the 3-year deadline for presenting the writ for execution.

And this period is renewed if the bailiff returned the sheet due to the impossibility of collection. Having received the writ of execution back, the claimant has the right to present it to the bailiffs again, but not earlier than after 6 months.

And this can continue indefinitely if the claimant adheres to the 3-year period.

There is only one case in which this period is not renewed: if the claimant himself revoked the writ of execution. Then 3 years are counted from the day when he presented the sheet to the bailiffs.

Or his creditors have the right to submit an application if the amount of debt exceeds 500 thousand rubles and there have been no payments for more than 3 months.

Writing off debts from a bailiff and the procedure for carrying out the procedure

The judicial system of forced debt collection has many nuances, one of which is the statute of limitations. The collector and the defaulter are interested in the question of how long the procedures for executing a judicial act are valid. Let's take a closer look at how to write off debts from bailiffs, and what consequences await the parties to the dispute after this event.

Debt liquidation procedure

After the court decision enters into force, the creditor receives the right to compulsorily collect the debt from the defaulter. The writ of execution is transferred by the court or the plaintiff to the bailiff service to initiate enforcement proceedings (i/p).

The permissible presentation period shall not exceed three years upon satisfaction of lump sum payment claims and a similar time after the expiration of the periodic payments awarded. The execution procedure according to Art. 36 Federal Law No. 229 dated October 2, 2007 cannot exceed a two-month period.

Debt collection proceedings are subject to termination by the court in the following cases:

The party to the dispute has passed away, is officially declared missing, and there is no legal successor or heir.
The defendant's opportunity to satisfy the claimant's demands is completely lost.
At the initiative of the creditor.
Repayment of debt in full.

The enforcement of a judicial act is completed by bailiffs if one of the following grounds exists (Article 43 of Federal Law No. 229):

The court issues an order to cancel the enforcement actions.
The creditor initiates termination of the procedure.
The parties to the dispute enter into a settlement agreement.
A decision was made to recognize the plaintiff’s claims as unlawful.
Circumstances specified in Art. 31.7 Code of Administrative Offenses of the Russian Federation: death of the debtor, amnesty, expiration of the statute of limitations, etc.
Termination of activity by a legal entity, claimant or defendant, exclusion from the Unified State Register of Legal Entities.
The dispute is based on the restoration of children's rights under international treaties when the child has reached the permissible age.
The occurrence of the circumstances specified in paragraph 2 of Art. 120 of the RF IC: adoption, the child coming of age, restoration of working capacity, death of the recipient of alimony.

Next, you should find out whether bailiffs can close the case and write off debts. Termination of proceedings is a prohibition for the plaintiff to re-initiate the forced collection procedure, the writ of execution remains in the case file, and the debt is burned.

The debt is considered uncollectible and is subject to write-off for the reasons approved in Art. 266 Tax Code of the Russian Federation:

The expiration of the limitation period specified in Art. 196 of the Civil Code of the Russian Federation.
The emergence of circumstances that prevent the satisfaction of requirements in accordance with Article 416 of the Civil Code of the Russian Federation.
The obligation is removed from the debtor by decision of the authorized state body (Article 417 of the Code).
At the time of termination of the activities of a legal entity (Article 419) without succession of credit obligations.
Based on the bailiff's decision on the impossibility of executing the court act.

It is important to know that the end of the proceedings does not remove the debt from the defendant; the collector has the right to re-apply to the bailiffs to enforce the court decision within the statute of limitations.

Another important nuance is determining how to remove the debt from the bailiffs after payment. In order to achieve termination of an i/p after paying the creditor’s claim, it is necessary to transfer information about the payments made to the FSSP. After checking the accuracy of the information, the bailiff issues a resolution to complete the proceedings and is obliged to remove all existing restrictions.

Closing loan debt

Many citizens and legal entities, finding themselves in difficult circumstances, find a way out of the situation by obtaining borrowed funds from a bank. Unemployment and the economic situation in the country lead to the loss of payment functions by borrowers. Failure to fulfill obligations under loan agreements aggravates the relationship between the parties and leads to the transfer of proceedings to court.

Based on a judicial act, the creditor receives the right to compulsorily collect the loan debt from individuals and organizations by contacting the bailiffs. The service provides the debtor with a period for voluntary fulfillment of the plaintiff’s demands, then a forced collection procedure is launched with recourse to wages, as well as to property.

It is especially important to understand after how many years debts on loans from bailiffs are written off. The minimum validity period of a writ of execution is thirty-six months. Completion of the i/p and transfer of the form to the plaintiff allows the period to be calculated from the beginning.

In isolated cases, the bank is ready to forgive the debt to the borrower:

When the amount of obligations exceeds the cost of collecting it.
If the debtor has died and no successors have been found.
It is impossible to bring a claim due to the expiration of the claim period.

It is worth noting that the credit institution will not initiate debt write-off, but rather will take all possible actions to extend the claim period and find ways to fulfill the obligations of the user of the borrowed funds.

Debt write-off is possible by a court decision declaring the defaulter bankrupt and unable to fulfill the obligations stipulated by the agreements. The debtor, creditor, or authorized state body has the right to initiate the procedure for declaring a person insolvent.

A credit institution can repay the borrower’s obligation after unsuccessfully using all possible methods of repaying the debt. A bad debt situation is characterized by the following characteristics:

There is no initiative on the part of the borrower to resolve the dispute.
The defendant is deprived of official earnings and a source of income.
As a result of foreclosure on the defaulter's property, not a single object was identified.
There are no bank accounts where cash receipts are recorded.
Fraudulent actions of the borrower, resulting in liability under Article 159.1 of the Criminal Code of the Russian Federation.
The bailiffs issued a decision to terminate the proceedings due to the lack of possibility of executing the court decision.

It is important for debtors to know that writing off loan debts entails negative consequences in the form of deterioration of credit history, the inability to use borrowed funds, and the client being blacklisted by the bank.

Do bailiffs write off debts that are years old?

The generally established legal statute of limitations is limited to three years, but when counting on repaying the debt at the end of this period, it is worth taking into account all the subtleties of its calculation. For example, this period for the housing and communal services debt will begin to be calculated not from the last day of the past month, but from the date of payment established in the regulations of the service company. In relations with a credit institution, the starting point will be the last contact of the parties to the transaction. This could be correspondence, conclusion of an agreement, debt restructuring.

Article 197 of the Civil Code of the Russian Federation provides for separate deadlines for debt collection. Thus, for claims based on a check, a six-month period is defined; in cases of environmental damage, the limitation period can reach up to twenty years. This list is not closed.

The transfer of obligations from one person to another (assignment) is not a reason for changing the procedure for calculating the limitation period. In exceptional situations, it is possible to extend the time for debt collection; for this, you will need to provide the arbitrator with significant evidence.

According to Article 208 of the Civil Code of the Russian Federation, the concept of limitation does not apply to the following obligations:

Protection of non-property rights.
Requesting deposits from credit institutions.
Compensation for damage to health as a result of an accident according to the traffic police act.
Injuries caused to the victim by the actions of the defendant.
Restoration of property rights, with the exception of possession, etc.

How much debt the bailiffs owe can be found out exclusively from the bailiff, taking into account the totality of all the circumstances of the case. Personal bankruptcy cases are considered within six months or more. It is worth noting that insolvency does not relieve the debtor from fulfilling alimony obligations. Legal entities are declared insolvent over a long period of time, often exceeding twelve months.

Liability information

You can find out about current enforcement proceedings on taxes, traffic fines, insurance, alimony, loans, utilities in relation to a specific person in the following ways:

Official website of the FSSP.
Mobile applications.
Bank of enforcement proceedings in social networks.
State Services Portal.
Personal visit to the bailiff service, telephone conversations, etc.

Having received information about unfulfilled obligations, it is recommended to transfer funds in favor of the creditor as soon as possible. If the debtor does not agree with the amount of the debt, the timely write-off is not reflected, it is necessary to dispute the information when contacting the bailiffs.

Current legislation allows borrowers to free themselves from the debt burden from bailiffs, but this will require a lot of effort. Avoiding responsibility and periodically changing place of residence do not help speed up the resolution of the problem situation. The debtor is recommended to contact the plaintiff to resolve the dispute, or provide the court and the executor with evidence of insolvency.

Debts and bailiffs will be discussed in the video: