Can debt collectors describe the debtor's property? What property are bailiffs describing? Who describes property for debts.

Oleg Eduardovich(06/28/2016 at 14:46:16)

Good afternoon.

Property can be described only by determination (instruction) of the court or after a court decision is made. Therefore, the bank simply scares you.

Everything that a bank or collectors can do out of court is prescribed in Art. 15 of the Law on (loan):

Article 15. Features of actions aimed at repaying debt under a consumer credit (loan) agreement

1. When taking actions aimed at repaying out-of-court debt arising under a consumer credit (loan) agreement, the creditor and (or) with whom the creditor has entered into an agency agreement providing for such person to perform legal and (or) other actions aimed at repayment of debt arising under a consumer credit (loan) agreement (hereinafter referred to as the person carrying out debt collection activities) has the right to interact with the borrower and persons who provided security under the consumer credit (loan) agreement, using:

1) personal meetings, telephone conversations (hereinafter referred to as direct interaction);

2) postal items at the place of residence of the borrower or the person who provided security under a consumer credit (loan) agreement, telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile radiotelephone communications.

2. Other, with the exception of the methods specified in part 1 of this article, methods of interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, at the initiative of the creditor and (or) the person carrying out debt collection activities, can only be used when the presence in writing of the consent of the borrower or the person who provided security under the consumer credit (loan) agreement.

3. The following actions are not allowed on the initiative of the creditor and (or) the person carrying out debt collection activities:

1) direct interaction with the borrower or the person who provided security under a consumer credit (loan) agreement, aimed at fulfilling by the borrower an obligation under the agreement, the performance period of which has not arrived, except if the right to demand early fulfillment of the obligation under the agreement is provided for;

2) direct interaction or interaction through short text messages sent using mobile radiotelephone communication networks, on weekdays from 22:00 to 8:00 local time and on weekends and non-working holidays from 20:00 to 9:00 local time at the place of residence the borrower or the person who provided security under the consumer loan (loan) agreement, which is specified in the consumer loan (agreement ensuring the execution of the consumer loan (loan) agreement or about which the lender was notified in the manner established by the consumer loan (loan) agreement).

4. The creditor, as well as the person carrying out debt collection activities, does not have the right to take legal or other actions aimed at repaying debt incurred under a consumer credit (loan) agreement with the intention of causing harm to the borrower or the person who provided security under the consumer loan agreement (loan), as well as abuse the right in other forms.

5. When interacting directly with a borrower or a person who provided security under a consumer credit (loan) agreement, the creditor and (or) the person carrying out debt collection activities are required to provide the last name, first name, patronymic (the latter if available) or the name of the creditor and ( or) the person carrying out debt collection activities, or the location, last name, first name, patronymic (the latter if available) and the position of the employee of the creditor or the person carrying out debt collection activities who interacts with the borrower, the location address for sending correspondence to the creditor and (or) the person carrying out debt collection activities.

Good afternoon!!!

Don't let me go home!!! Let them go to court or carry out restructuring.

Below are articles that regulate your actions about
whether it is worth it or not to let them home.

Pay attention to paragraph 2 of Article 15 of the Police Law, namely

when the policeman can enter.

Print out all these articles and when they arrive from the bank and/or

district police officer, then give them these printouts - let them study and do not let them home.

Sincerely, Andrey Ch.

Article 25 Constitution of Russia

Home is inviolable. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision.

Article 3.
The inviolability of home and the inadmissibility of its arbitrary deprivation of the Housing Code of the Russian Federation

1. Home is inviolable.
2. No one has the right to enter a home without

consent of citizens legally residing there except for the purposes provided for by this Code and in cases provided for by other federal laws and in accordance with the procedure or on the basis of a court decision.

3. Entry into a home without the consent of citizens living in it legally is permitted in cases and in
in the manner prescribed by federal law, only for the purpose of saving the lives of citizens and (or) their property, ensuring their personal safety or public safety in emergency situations, natural disasters,
disasters, riots or other emergency circumstances, as well as for the purpose of detaining persons suspected of committing
crimes, suppression of crimes being committed or establishing the circumstances of a crime committed or an accident occurring.

Article 139.
Violation of the inviolability of the home of the Criminal Code of the Russian Federation

1. Illegal entry into a dwelling, committed against the will of the person living there, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred

sixty hours, or correctional labor for up to one year, or arrest for up to three months.

2. The same act, committed with the use of violence or with the threat of its use, -

is punishable by a fine of up to two hundred

thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same term.

3. Acts provided for in parts one or two of this article, committed by a person using his official position, are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or deprivation of the right to occupy

certain positions or engage in certain activities for a period of two to five years, or forced labor for a period of up to three years, or
arrest for a term of up to four months, or imprisonment for a term of up to three years.

Note. In this article, as well as in other articles of this Code, housing means an individual residential building with its residential and non-residential premises, residential premises

regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings not included in the housing stock, but intended for temporary residence.

Article 15.

Entry (penetration) into residential and other premises, land plots and territories (police law)

1. The police protect everyone’s right to the inviolability of their home.

2.
Police officers do not have the right to enter residential premises against the will of the residents
citizens in them except in cases and procedures established by federal
constitutional laws, this Federal Law and other federal
laws.

3. Penetration of police officers into residential premises, other premises and land plots,

belonging to citizens, in premises, on land plots and territories occupied by organizations (with the exception of premises, land plots and
territories of diplomatic missions and consular offices of foreign states, representative offices of international organizations),
permitted in cases provided for by the legislation of the Russian Federation, as well as:

1) to save the lives of citizens and (or) their

property, ensuring the safety of citizens or public safety during riots and emergencies;

2) to detain persons suspected of committing a crime;
3) to suppress a crime;
4) to establish the circumstances

accident.

4. When entering residential premises, other premises and land plots belonging to

citizens, to premises, land plots and territories occupied by organizations, in the cases provided for in Part 3 of this article, a police officer
has the right, if necessary, to break into (destruct) locking devices, elements and structures that prevent entry into the specified premises and to
the specified land plots and territories, and inspection of the objects and vehicles located there.

5. Police officer carrying out

entry (penetration) into residential premises is obliged to:

1) before entering the living space,

notify the citizens there of the reasons for entry, except in cases where delay creates an immediate threat to life and health
citizens and police officers or may entail other serious consequences;

2) when entering a residential premises

against the will of the citizens there, use safe methods and means, respect the honor, dignity, life and health of citizens, do not
allow unnecessary damage to their property;

3) not to disclose things that became known to him in

connections with entry (penetration) into a residential premises, facts of the private life of citizens living there;

4) inform your immediate supervisor

and within 24 hours submit a report on the fact of entry (penetration) into the residential premises.

6. About each case of employee penetration

police into a residential premises as soon as possible, but no later than 24 hours from the moment of entry, the owner of this premises and (or)
citizens living there, if such entry was carried out in their absence.

7. About each case of employee entry

police in a residential area, against the will of the citizens there, the prosecutor is notified in writing within 24 hours.

8. The police are taking measures to prevent

access of unauthorized persons to residential premises, to other premises and to land plots belonging to citizens, to premises, to land plots and
territories occupied by organizations, and for the protection of property located there, if the penetration was accompanied by actions provided for in part 4 of this article.

Gentlemen collectors are quite unpredictable people. For many of them, the law is not written, although in fact, since January 1, 2017, Federal Law No. 230 has been in force in the Russian Federation, which clearly states the requirements and rights of collection agencies in relation to debtors. Here we will look at how collectors now work, whether collectors can describe the debtor’s property, seize him or even collect everything for debts.

Normative base

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

Answering the question whether collectors can seize the debtor’s property, let us turn to laws No. 229-FZ and No. 118-FZ, which state that only bailiffs have the right to seize the borrower’s personal property. Collection agencies that engage in such threats or even actions should be held accountable. It turns out that without legal proceedings there can be no talk of any arrest, inventory or seizure of the debtor’s property. In what cases does a debt collector go to court? When all the methods he had previously used did not produce any results. Although in practice this happens extremely rarely.

If the matter actually comes to court proceedings and legal proceedings begin, you have the right to submit a petition within 10 days to obtain an installment plan for the execution of the court decision. This right of the debtor is secured by Art. 129 Code of Civil Procedure of the Russian Federation.

It is also important to note that the inventory of property by bailiffs takes place exclusively in the presence of the debtor and the owner of the very property being described. It’s great if you have the necessary property, but in practice all three of these factors rarely coincide.

Sequence of collection

If you find yourself in a situation of possible collection of property, you should understand what the debtor may lose first and last. Below is the procedure for filing a foreclosure:

Please note that the procedure can be changed if the debtor does not have one or another type of property or the value of the property and the amount of debt are incommensurable.

Collectors' rights

Continuing to address the question of whether collectors have the right to describe the debtor’s property, let’s move on to the true rights of collection organizations by considering sections of Federal Law No. 230. The current legislation has largely limited creditors, because previously there was real chaos in this area. To be honest, even today there are many complaints about the actions of debt collectors to the relevant authorities. At least now this segment, albeit imperfectly, is regulated.

So, collectors are only allowed to inform citizens about their existing debt if an agreement (agency or assignment agreement) is concluded between the agency and the bank. It is permissible to voice the amount of the debt incurred, the amount of fines; the collector may ask when the debt will be repaid. All. If the original creditor (bank) sold the borrower's debt to collectors on the basis of an assignment agreement, the law allows collectors to act as follows:

1. Visit the debtor (no more than once a week).
2. Call by phone (no more than 1 time a day, 2 times a week, 8 times a month).
3. Send SMS, voice messages (no more than 2 times a day, 4 times a week, 16 times a month).

At the same time, making calls and sending messages is strictly limited in time. It is not allowed to disturb the debtor, much less his relatives, from 10:00 pm to 8:00 am on weekdays, and on weekends from 9:00 pm to 9:00 am. Violation of these rules by collectors provides the borrower with the opportunity to complain about the agency and stop “cooperating” with it before the trial.

Unacceptable actions of collectors

According to Law No. 230-FZ, representatives of collection organizations do not have the right to:

1. Use obscene language when communicating with debtors, even raise the tone of your voice.
2. Threaten that they will take away property from the person being collected, which directly answers the question of whether collectors have the right to seize property.
3. Disclose confidential information about the debtor to his relatives, neighbors, employer (an exception may be the case when, for example, one of the relatives acted as a guarantor when processing a previously unpaid loan to the bank).
4. Enter the debtor's house without permission.
5. Describe his property.
6. Cause harm to health, use physical or psychological pressure on a person.
7. Communicate with minors (for example, children of the debtor), as well as with persons undergoing treatment in psychiatric hospitals, people with disabilities.

We emphasize that the debtor, in turn, can represent his official representative (lawyer) to communicate with the collectors or refuse to interact altogether by writing a corresponding statement and sending it to the collection agency by registered mail, through a notary, or by delivery against signature.

When writing such an application, you must take into account that this can be done no earlier than 4 months from the date the debtor became overdue on the loan. Otherwise, the document will be considered invalid.

Collectors threaten to describe, arrest, take away property - what to do?

Are you still unsure whether debt collectors can take your property? No and no again. We indicated above that this is permitted exclusively to bailiffs. If threats are received from collectors regarding the inventory, arrest or seizure of the debtor’s property, you should respond immediately, namely:

1. Record the fact of the threat (record the conversation on a voice recorder, shoot a video, find a witness).
2. Let the claimant know that you know your rights and theirs, so further threats are inappropriate.
3. If the psychological pressure does not stop, file a complaint against the actions of the collectors with the police, prosecutor's office, FSSP, NAPKA, Roskomnadzor, Rospotrebnadzor. In some instances, this can be done without leaving your home - via the Internet.
4. File a lawsuit against the collection agency if the debtor's complaint is not satisfied.

Do not be afraid to fight violators; the law has given you all the powers to do this. You should also not avoid litigation if necessary. Often, it is the court that can help get rid of debts by achieving restructuring, canceling penalties, or even declaring the agreement between the bank and the collection organization invalid.

Finding yourself in debt these days is not so difficult. The economic crisis is adding to the list of debtors every day. From the very first days of non-payment, everyone who finds themselves in captivity of loan obligations discovers the true face of bank employees. If just yesterday you were a privileged client of the bank, and upon entering the bank you were smiled and greeted while standing, then today everything can turn upside down.

Despite the fact that the borrower has been paying regularly and on time for many years, as soon as he has financial difficulties, they begin to call him a fraudster, a persistent defaulter, a swindler, etc. Bank employees dealing with problem debts come up with all sorts of things just to scare the debtor and force them to pay by any means necessary. It doesn’t matter where and how the debtor gets the money, as long as he brings it to the bank, regardless of the amount. Well, okay, we can talk about methods of “knocking out debt”, but now I want to dwell specifically on whether bank employees can go to the debtor’s home and describe his property?

If you have a loan debt, then you have probably already heard threats that a team is now coming to you to inventory your property, or even this: the task force’s visit is scheduled for such a time to inventory your property, be sure to be at home, - SMS messages are sent to the defaulter’s number. And people ask for time off from work, wait, believe, being in fear. So, in these cases I would like to reassure you. Bank employees do not have any rights not only to describe the debtor’s property, but also to enter his apartment.

They, of course, can come, but only to remind the debtor verbally or in writing about his debt obligation. Banking employees or collectors have nothing to do with the debtor’s property, except in cases where the property is pledged to the bank. So, if you are informed that a visit has been scheduled at your address and that your property will be described in the next few hours or days, take such a statement calmly. And if there is a desire to punish deceivers, then you can bring them to justice under the article “extortion”.

Can bank employees visit the debtor and describe the property?

Remember one very important point: the debtor’s property can only be described by bailiffs who act on the basis of a writ of execution. And the writ of execution will be handed over to the bailiffs only after the trial on the bank’s claims for collection of credit debt has passed and the decision has been made in favor of the bank. Until a court decision is made, neither bankers nor collectors can and do not have the right to demand payments from the defaulter through threats and misrepresentation. It is their right to remind, I repeat again, so that it is better remembered. They cannot present anything else to the debtor. Therefore, if you have been promised an inventory of property, let them know that you do not mind, but you will only open the door to the bailiffs and only after the trial. Never listen to delusional promises and, moreover, do not give in to panic, because this is exactly what the creditors are trying to achieve. Keep your nerves calm and don't be afraid of judgment. Well, if you still have questions, join the conversation on our debtors forum, share your story and experience of communicating with bank employees. Good luck in solving your financial problems!