Changing the name of the claimant in enforcement proceedings. Will changing your last name help you get out of debt?

Hello!

The bailiff will somehow find all your accounts and property. They will not collect from your husband’s salary, only from yours. Since the bailiff does not know that this is the salary on your card. 100% of them will be arrested right away, you will be tortured to run to them later, it’s better to immediately provide the documents that your salary is being transferred to the card.

Find out what cannot be sanctioned.

Article 101. Types of income that cannot be levied
[Law on Enforcement Proceedings] [Chapter 11] [Article 101]
1. Collection cannot be applied to the following types of income:
1) sums of money paid in compensation for harm caused to health;
2) sums of money paid in compensation for damage in connection with the death of the breadwinner;
3) sums of money paid to persons who received injuries (wounds, injuries, concussions) in the performance of their official duties, and members of their families in the event of the death of these persons;
4) compensation payments from the federal budget, budgets of constituent entities Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
5) compensation payments from the federal budget, budgets of constituent entities of the Russian Federation and local budgets to citizens in connection with caring for disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the labor legislation of the Russian Federation:
a) in connection with a business trip, transfer, employment or assignment to work in another location;
b) due to wear and tear of a tool belonging to the employee;
c) sums of money paid by the organization in connection with the birth of a child, the death of relatives, and the registration of marriage;
9) insurance coverage for compulsory social insurance, with the exception of old-age insurance pension, disability insurance pension (taking into account a fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pensions, fixed-term pension payments and temporary disability benefits ;
10) pensions in case of loss of a breadwinner, paid from the federal budget;
11) payments to pensions in the event of the loss of a breadwinner from the budgets of the constituent entities of the Russian Federation;
12) benefits to citizens with children, paid from the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets;
13) funds of maternity (family) capital provided for by Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children”;
14) the amount of one-time financial assistance paid from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets, extra-budgetary funds, from funds foreign countries, Russian, foreign and interstate organizations, other sources:
a) in connection with natural disaster or other emergency circumstances;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for providing assistance in identifying, preventing, suppressing and solving terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of tourist ones, paid by employers to their employees and (or) members of their families, disabled people not working in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for funeral.
2. For alimony obligations in relation to minor children, as well as for obligations for compensation for damage in connection with the death of the breadwinner, the restrictions on foreclosure established by paragraphs 1 and 4 of part 1 of this article do not apply.

Bagalova Tatyana Konstantinovna(05/18/2016 at 20:02:23)

Good evening, Alexander! You must make amendments to the writ of execution. I confirm this fact as a rule of law.

"1. In the writ of execution, with the exception of the bailiff, the writ of execution of the notary and the notarized document, the following must be indicated:

Art. 13, dated October 2, 2007 N 229-FZ (as amended on May 1, 2016) “On enforcement proceedings” (ConsultantPlus)

a) for citizens - last name, first name, patronymic, place of residence or place of stay, and for the debtor also - date and place of birth, place of work (if known) and for the debtor who is an individual entrepreneur, also - the date and place of his state registration as an individual entrepreneur, taxpayer identification number;

Art. 13, Federal Law of October 2, 2007 N 229-FZ (as amended on May 1, 2016) “On Enforcement Proceedings” (ConsultantPlus)

Subparagraph “a” of paragraph 5 of Article 13 of the Federal Law “On Enforcement Proceedings” establishes that the name of the debtor-organization and its address must be indicated in the enforcement document. If the name of the debtor has changed, it is necessary to apply to the court that issued the writ of execution with an application to amend the writ of execution.

Based on the meaning of the Federal Law “On Enforcement Proceedings,” execution of enforcement actions is possible only in relation to the person indicated in the executive document as a debtor. Indication in the writ of execution of a non-existent name of the debtor-organization or debtor-citizen makes it impossible to carry out enforcement actions.

Thus, among the materials of enforcement proceedings, the bailiff must be presented with reliable evidence of a change in the name of the party to the enforcement proceedings.

Similarly, when a debtor-citizen changes his surname, the bailiff must be presented with relevant documents confirming this fact (certificate of , certificate of , certificate of change of name, etc.). Further, on the basis of the submitted documents, the bailiff, or a party to the enforcement proceedings, applies to the court, or another body that issued the executive document, with an application to amend the executive document in terms of indicating the name of the debtor-organization or the surname of the debtor-citizen."

Good luck to you! Regards, Tatiana!

There is definitely no need to change the writ of execution. It is necessary to bring to the bailiffs a copy of the divorce certificate, passport and savings book, which will already contain a new surname (they can easily re-register at the bank). The bailiffs have the right to certify copies of these documents themselves if the originals are presented to them at the same time. You must also write a statement to the bailiff about this. that you have changed your last name, so please indicate it when listing Money.
And a new writ of execution is issued only if the claimant is replaced by another person (and not just the same person with a different name), so there is no point in going to court.
I advise you to submit the application to the bailiff against a receipt for your copy of the same application. Indicate in it that if it is impossible to change the name of the claimant in enforcement proceedings on the basis of the submitted documents, ask for an explanation in writing what documents are required to be presented to the bailiff for this.
Insist on a written answer! If they do not respond within a month or refuse to change your last name in their documents, feel free to write a complaint to the senior bailiff of the department or the FSSP Office of your region. You can go to court, but it will take longer.

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B (name of the court by whose decision alimony was collected)

From (full name of the collector, address, etc.)

STATEMENT

On changing the procedure for executing a court decision

Due to a change in the name of the claimant

(name of the court) a civil case was considered based on the claim of (full name of the plaintiff) against (full name of the defendant) for the recovery of alimony. Based on the decision (date, details), alimony in the amount of (specify) was collected from the defendant in favor of the plaintiff in the interests of the minor (full name, year of birth). The writ of execution is being executed in (indicate in which bailiff service the writ of execution is located).

(date) I changed my last name due to marriage. In this regard, it became necessary to change the procedure for executing a court decision and issue a new writ of execution.

Guided by Article 203 of the Code of Civil Procedure of the Russian Federation,

Change the procedure for executing the decision (name of the court by whose decision the writ of execution was issued, details of the decision).
Change the name of the claimant from (indicate old) to (indicate new).
Issue a new writ of execution.
The writ of execution (indicate the details of the old writ of execution) shall be declared invalid.

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You should take the original writ of execution from the bailiff and contact the magistrate, attaching this original, with a statement in accordance with Art. 434 Code of Civil Procedure of the Russian Federation and Art. 52 Federal Law "On Enforcement Proceedings". Familiarize yourself with these standards.
In the text of the application, you should write that your change of surname was a circumstance that complicates the execution of the court decision, as a result of which you, as a claimant, are forced to raise before the court that considered the case the question of changing the order of execution, which consists in issuing a new writ of execution with the new surname of the claimant.
The application should also be accompanied by copies of your new passport and a certificate of change of your last name (the judge has the right to certify these copies independently upon presentation of the original documents by you). And a copy of the application for the debtor.

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The application must be written in accordance with the requirements of Article No. 131-132 of the Civil Procedure Code of the Russian Federation. In any court there is a form for the correct execution of a statement of claim. If you find it difficult to write an application on your own, you can always turn to a professional lawyer for help. 2In the statement of claim you must indicate the name of the court to which you are filing the application. Indicate the city or district where the court is located.
Last name, first name of the plaintiff, that is, you. Your registration address. 3Last name, first name of the defendant, that is, the person for whom you are applying for alimony. His registration address and actual place of residence. 4Next, write a statement of claim for the recovery of alimony for the child or children and indicate the number of children. 5Describe when you got married to the defendant, until what day of the month and year you lived together. When the marriage is dissolved, you must indicate the month and year. If the marriage is not dissolved, but you do not live together, then indicate from what day of the month and year the joint household has not been conducted. If the marriage is not dissolved and you are living together, indicate that you are living together. 6Indicate that there are children from the joint marriage, and in what quantity. Write the name of each child, the month and year of birth of each child.
Write that the children are your dependent and that the defendant does not provide financial assistance for the maintenance of children.
Does the defendant have other children besides yours, and are deductions made from him under writs of execution in favor of other children? 7Next you need to write: In accordance with Article No. 80, No. 81 of the Family Code of the Russian Federation, I ask you to recover from (indicate the surname, first name, patronymic and address of the defendant, a native of which region or city). Child support is in my favor for (indicate the names of the children and the date of birth of each child). In the amount of all types of earnings monthly, starting from the day the application is submitted until the children reach adulthood. 8You submit the documents and the defendant is awarded alimony from the date of filing the claim. The amount of alimony will depend on whether the defendant still has minor children.

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(full name, address)

(full name, address)

(amount of payments per year)

STATEMENT OF CLAIM

Copy of the statement of claim

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The statement of claim for the recovery of alimony is submitted to the magistrate. The claim can be filed at your place of residence or at the place of residence of the defendant. The plaintiff is exempt from paying state fees.

The claim for child support must be accompanied by a birth certificate of the child(ren), which will confirm that the defendant is the parent. You also need to attach a certificate of family composition, which will confirm that the child lives with the plaintiff and is supported (dependent) by him.

If the parents were married, a certificate of its conclusion (of divorce, if the marriage is dissolved) must be attached to the application. If the parents were not married, this document does not need to be attached.

Magistrate of the court district
No. _____ by city_____________
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)
Cost of claim _____________________
(amount of payments per year)

STATEMENT OF CLAIM
on the collection of alimony for a child (children)

I and _________ (full name of the defendant) are the parents of a minor child (children) _________ (full full name of the children, date of birth). The child (children) live with me, I fully provide for them financially, the defendant does not provide financial assistance for the maintenance of children. The defendant has no other children, and no deductions are made from him under writs of execution.

In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

To collect from _________ (full full name of the defendant) ____ year of birth, native of _________ (city, region) in my favor alimony for the maintenance of _________ (full full name and date of birth of each child) in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) until the children reach adulthood.
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
A copy of the marriage certificate (divorce certificate if the marriage is dissolved)
Copy of the child(ren)'s birth certificate
Certificate from housing authorities confirming the child’s residence with the plaintiff
Date of application “___”__________ ____ Signature of the plaintiff _______

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STATEMENT OF CLAIM
on the collection of alimony for a child (children)

In accordance with Articles 80, 81 of the Family Code of the Russian Federation, Articles 131, 132 of the Civil Procedure Code of the Russian Federation,

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In general, alimony is collected in proportion to the debtor’s earnings. To collect alimony in a fixed sum of money, it is necessary to comply with the special conditions listed in Article 83 of the Family Code of the Russian Federation: in cases where collection in shared terms is impossible, difficult or significantly violates someone’s interests; if the payer has no income; if the alimony payer receives income from products or goods, other kind; if the alimony payer has a seasonal or fluctuating income, which is typical for seasonal workers, creative workers, and entrepreneurs; if the income received is paid in foreign currency.

Any party can file a claim for the recovery of alimony in a fixed sum of money. The court has the right to collect alimony for minor children simultaneously in shares of the defendant’s earnings and in a fixed sum of money.

The collection of alimony for minor children in a fixed sum of money is possible only in litigation proceedings, after filing a claim and a court decision is made to collect alimony in a fixed sum of money. Court orders for the collection of alimony in a fixed amount of money are not issued.

Requests for the collection of alimony are submitted to the magistrate. The choice of a magistrate at the place of residence of the plaintiff or defendant is the right of the plaintiff. The plaintiff is exempt from paying state fees when filing a claim for the recovery of alimony in a fixed amount.

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To obtain a passport with a new surname, your future wife can contact the department of the Federal Migration Service of Russia at her place of actual residence, even if she does not have Moscow registration.

In accordance with clause 10 of the “Regulations on the passport of a citizen of the Russian Federation”, approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 (as amended), the issuance and replacement of passports is carried out by the territorial bodies of the Federal Migration Service

At the place of residence, place of stay or place of appeal of citizens in the manner determined by the Federal Migration Service.

That is, to replace a passport, a citizen has the right to contact the unit of this service at the place of permanent residence (i.e. where you are registered at your place of residence); at the place of temporary residence (i.e. where you are registered at the place of stay) or at the place of your actual residence (i.e. at the place of application - to any division of the Federal Migration Service of Russia where you live, even in the absence of any registration in given locality).

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1. I have been the recipient of alimony for my daughter for 8 years. Alimony is transferred to the card through Sberbank from the debtor's enterprise. A year and a half ago we changed our place of residence, and a little later I got married and changed my last name. I received all the documents for the new one. The card on which the alimony was received is issued under the old surname and is valid until 2021. I received it from Sberbank new map which I now receive a salary for. Over the course of a year, I calmly received alimony on my old card. But in the last month they did not arrive and the accounting department told me that transfers were made to my account but the money was returned because there was no such recipient (the bank responded). Please tell me my next steps. Where to apply to make changes and provide documents.

Lawyer E. A. Kashketova, 134 replies, 91 reviews, on the site from 06/05/2019
1.1. Contact the bailiffs who are handling the enforcement proceedings.

Lawyer Varakosov A.V., 38497 answers, 18516 reviews, on the site from 06/15/2011
1.2. You need to contact the bailiff service, where enforcement proceedings were initiated. If you contacted the bank directly, provide documents confirming the change of surname.
According to the law, the bailiff issues a resolution to initiate enforcement proceedings indicating both the new and the previous name (name) of the claimant or debtor and attaching documents confirming the relevant changes to the materials of the enforcement proceedings. If the name of the claimant or debtor changes during enforcement proceedings, the bailiff indicates this in the relevant resolution, and, if necessary, can make changes to previously issued decisions in relation to Part 3 of Art. 14 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.

2. We received by mail a court order issued in absentia without our notification by a magistrate for the collection of debt from LLC Management Company... Which was changed two years ago and demands payment of debt for housing and communal services and penalties and state duties for two months of 2017, indicated in the court order
Collect from the debtor Last Name First Name Patronymic and then date and place of birth unknown living at the address and address of the apartment in the property
My mother is the owner of this apartment but is not registered in it
Question: how to write in the cancellation of a court order without indicating the date and place of birth?
And in general, is this legal? Is it possible that this company no longer exists since they know full information about the owner, indicating the date and place of birth is unknown
Thanks in advance.

Lawyer Kashapov R.Z., 12568 answers, 6626 reviews, on the site since 05/28/2014
2.1. Good afternoon
Write in free form with justification; you may not indicate the date and place of birth (Article 129 of the Code of Civil Procedure of the Russian Federation).

Law firm LLC "Regional Center for Legal Services", 321 answers, 165 reviews, on the site since 06/14/2016
2.2. Yes, the requirements of the Criminal Code for debt collection comply with the conditions of the law. The cancellation of the court order is carried out by the magistrate on the basis of an objection filed by the defendant.

To specifically execute a sample objection to court order you need to know the basis for the content of the objection. The absence of the date and place of birth of the debtor in the court order cannot be grounds for appealing and canceling the court order.

For your information: Civil Procedure Code of the Russian Federation dated November 14, 2002 N 138-FZ (as amended on December 27, 2018) (as amended and supplemented, entered into force on December 28, 2018)

Article 124. Form and content of an application for a court order

1. An application for a court order must be submitted in writing.

2. The application for a court order must indicate:

1) the name of the court to which the application is submitted;

2) the name of the claimant, his place of residence or location;

3) the name of the debtor, his place of residence or location, and for a citizen-debtor also the date and place of birth, place of work (if known);

4) the claimant’s claim and the circumstances on which it is based;

5) documents confirming the validity of the claimant’s claim;

6) list of attached documents.

Article 122. Requirements for which a court order is issued

A court order is issued if:

A demand has been made for the collection of arrears for payment of housing and utilities, as well as telephone services;

Article 126. Procedure for issuing a court order

1. A court order on the merits of the stated claim is issued within five days from the date of receipt of the application for the issuance of a court order to the court.

2. The court order is issued without judicial trial and calling the parties to hear their explanations.

Article 129. Cancellation of a court order

The judge cancels the court order if the debtor fixed time there will be objections regarding its implementation. In the ruling on the cancellation of the court order, the judge explains to the claimant that the stated claim can be presented by him in the manner of claim proceedings. Copies of the court ruling to cancel the court order are sent to the parties no later than three days after the day it was issued.

Article 128. Notification of the debtor about the issuance of a court order

The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution.

3. I am suspicious of the document received from the bailiffs.

Good afternoon. My name is Kondratyuk Natalya Viktorovna. I live in the city of Korolev Moscow Region, I am married, I have a one-and-a-half-year-old daughter and two adult sons, a personnel and personnel records manager by profession, and I am on maternity leave to care for a child up to three years old. My husband lives with me, but is registered in his homeland in the Astrakhan region, Akhtubinsk.
To work for my husband ex-wife(April 11) brought a resolution (dated April 2) from the bailiffs to collect alimony debt from wages and a court order (copy) dated 11 years ago (2008), and indicating three children, and the oldest child is not genetically his.
The document (resolution) arouses my suspicions (I myself, most of my labor activity, worked in the HR department and got used to order in documents), compiled with errors, words were missing in sentences, as if they were downloaded from the Internet, they were in a hurry and did not check, the font is wrong, the fields are wrong, there is no barcode (I saw other regulations, on other people and samples on the Internet and specifically on your website, it’s not like that!), there are no details, the seal is not readable. Also in this decree the maiden name of the recipient of the funds is written (and we know that a year ago (May 2018) she got married and changed her last name, and, accordingly, her passport and other documents), and in the decree itself there are no details where to list the deductible, they Attached on a separate sheet are the bank account details for a different surname.
Also, my husband did not know that his ex-wife filed for alimony so long ago (2008, and did not receive any documents), when they were still married and they had just had a second child, and even for the child with whom he took it. He made his first official alimony payments in 2017, after the divorce (2016). And since the breakup of their family, he regularly paid, in cash or by transfer to a card, and also: raised her (from the age of two) eldest daughter, left them his living space and did not divide the joint property. I myself witnessed the translations. And to date, he has been paying too!
But now his ex-wife refuses to recognize his payments, accuses him of being a bad father, a miser, a debtor, and in general bad person and will never see the children again. (The last time my husband saw his children was in 2017, before moving to me; since then, his ex-wife has refused him visits with his children, hides his residential address (she also moved from Akhtubinsk to the Moscow region), and also changed the children’s phone numbers).
According to this decree, it turns out that my husband must transfer 33% from his salary to his ex-wife for alimony for two minor children and 27% due to the resulting debt. The total is 60%! It is impossible to find out exactly what amount of debt and for how long, because the bailiff, whose name is indicated in the order, does not want to communicate, when talking on the phone he screams, swears, calls my husband a willful defaulter, even to the lawyer to whom I went for help, refused to give any information, arguing that she was not obliged to do so. We also cannot find the resolution itself either on the website of the Akhtubinsk court, or on the website of the bailiffs, or on government services, it is not there anywhere, and we did not receive it by mail or receive a single document. It’s also not possible to go to my husband’s homeland ourselves, because the daughter is still very small and may not tolerate the trip well, there is no one to leave her with, there are no grandmothers, the eldest sons are in the army.
My husband’s salary is not big, only 30 thousand rubles. And the three of us live on it, I can’t work, my daughter is only one and a half. It turns out that after deductions, his salary will be below the subsistence level for one, and if divided by three, then we will go around the world.
I also know for certain that my husband’s ex-wife often took and now takes loans and microloans, and does not pay them, has a lot of debts and blocked bank accounts (these circumstances were the main reason for their divorce, not me! We met after their divorce!), all the information on the ex-wife is freely available on the bailiffs’ website (and believe me, it’s terrifying, there’s a sum with six zeros).
My husband had an incident at his last job, also according to the decision (he thought that they were divorced and she filed for alimony), most of his wages were deducted upon dismissal, not during work, but precisely upon dismissal. He spent a long time sorting this out, it turned out that the accountant of the plant where he worked and was about to quit (because he was moving to another city, to join me, I was already pregnant with my daughter and we were going to formalize the relationship, and wages were being delayed at this plant), unknown A woman brought her a decree from the bailiffs and a copy of the court order for three children, the accountant did not think for a long time, quickly made a calculation, and transferred the money to the details attached to the decree. (The decree indicated percentages of 50 and 27, but at the time the decree was issued, the eldest child was already 18 years old (let me note again, she is not his daughter, but he raised and taught her, dressed and put on shoes!). Prove that the child has grown up and my husband owed her nothing, we couldn't. The ex-wife never received that money, she herself admitted, because the bank seized it to pay off debts. We couldn't find the ends of that money, and honestly there was no time for that, I was In recent months, my husband was looking for a new job, but the accountant received a reprimand from management.
They then peacefully agreed with his ex-wife that he would pay her a certain amount per month and she would not send anything anywhere, and if he paid her a very large certain amount with six zeros (I won’t write which one, it was their personal correspondence, my husband didn’t know what I was reading secretly (well, to at least somehow be aware of what was happening), and forbade me to talk about it), then she will leave him forever and allow him to see the children. My husband doesn’t have that kind of money and neither do I, he is an ordinary person, not an oligarch or a millionaire, a simple hard worker, and I’m not the daughter of a Rockefeller.
And until April of this year, he paid everything regularly, sometimes on a card, sometimes in person (he often travels for work to the city where she is at this moment resides), everything was fine, everyone was happy, except for: declarations of love, readiness to leave her husband at this very second, drunken threats, obscenities and other nasty things addressed to my husband, which she wrote or dictated in messengers. (When I asked why he allowed and tolerated this, my husband answered: “She’s the kind of person she is, there are children there, maybe she’ll let them see, when they grow up they’ll all understand, I don’t want to quarrel with her”).
On April 11, his ex-wife (and perhaps not herself) brought this resolution from the bailiffs to her husband at work, and now everyone is in great shock: the general director threatens to fire him, the chief accountant does not know what to do so as not to offend the employee and not break the law (Thanks to her, she agrees to wait with payments and deductions until her husband solves this problem, although we have very little time, payday is very soon). I’m even more shocked, what will be left for our family from my husband’s salary? If 30,000 minus 60%, nothing, just pay the utilities! What should I feed my daughter, since at one and a half years old I can’t feed her pasta, and what can I feed my husband? If he doesn't pay, he'll go to jail. I need to find a stranger to look after my child, and I myself need to nail the horseshoes and go plow, so that some offended person will say: hurray, I ruined his life and I’m a star?!
The lawyer to whom I turned for help drew up a claim against the bailiffs’ resolution, but until it reaches Akhtubinsk from the Moscow region, until it is examined there, until they send at least something, the accountant at my husband’s work will make a deduction and transfer the money and we will not end again Let's find, and hang around our necks, for the next six years, the maintenance of a star to the detriment of ourselves and, most importantly, our daughter!
Sorry that I wrote so much, it hurt. Please answer the following questions, preferably all of them:

Lawyer Dmitriev A.S., 90 answers, 60 reviews, on the site from 04/01/2019
3.1. Hello, Natalya Viktorovna!

1. Are there certain standards for issuing and processing orders from bailiffs? (font, print, details, barcodes). How can I find out the authenticity of this document?
Usually, the authenticity of the FSSP (Federal Bailiff Service) decision can be checked at the territorial body of the FSSP, or through the website - https://fssprus.ru/iss/Ip

2. If this document raises suspicions not only among me but also among the accountant, then what rights and responsibilities does she have, and what actions should she take?
The accountant has the right to conduct an audit of enforcement proceedings - through the website or send an official request to the territory. FSSP body

3. Did the recipient of the payments have the right to bring the resolution herself, and if so, what other documents should she have provided to the accountant?
The resolution can be transmitted in any convenient way; no other documents are required.

4. Is it legal to issue a decree in a maiden name if a year has passed since the personal data and documents were changed? (the name in the resolution is one, but in the details another!)
The resolution must be issued using the current passport of the recipient of the funds, indicating the new full name and bank details. It is worth checking whether such a resolution is even in the database.

5. Can the resolution simply indicate the interest on the debt? How can I find out what this amount is? For what period? From what considerations and by what formulas and provisions was this percentage obtained? And where did the debt come from?
The resolution must contain a calculation of all amounts of alimony and debt.
Art. 81 of the Family Code indicates the amount of alimony.
Article 81. Amount of alimony collected from minor children in court
1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .
Article 113 of the Insurance Code specifies how to determine alimony arrears
Article 113. Determination of alimony debt

1. Collection of alimony for the past period is carried out on the basis of an agreement on the payment of alimony or on the basis of a writ of execution within three years, preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony to be collected.
2. In those cases when is alimony withheld? on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, alimony is collected for the entire period, regardless of the three-year period established by paragraph 2 of Article 107 of this Code.
3. The amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision or an agreement on the payment of alimony.
4. Debt amount for alimony paid for minor children in accordance with Article 81 of this Code, determined based on earnings and other income of the person obliged to pay alimony, for the period during which alimony was not collected. In cases where the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, alimony arrears are determined based on the average salary in the Russian Federation at the time of collection of the debt. If such a determination of the debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to go to court, which can determine the debt in a fixed amount of money based on the material and marital status parties and other noteworthy circumstances.
5. If you disagree with the determination of alimony debt by the bailiff, any of the parties may appeal the actions of the bailiff in the manner prescribed by civil procedural legislation.
6. The amounts of the monthly child benefit established by federal law, paid during the search for his parents who are evading payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the paid amounts to the income of the budgets of the constituent entities of the Russian Federation. These requirements are equivalent to demands for payment of alimony.
It is also worth looking at Art. 114 and 115 of the Family Code.

6. Should the resolution indicate the details of the recipient? Is it legal to simply attach a piece of paper with the details?

No, just a piece of paper with the details is not enough. It is required to include details in the resolution.

7. What should an accountant do in this situation? Does she have a certain period of time not to make deductions? What statements or documents should the husband bring to the accounting department in order to extend the period to clarify all the circumstances?
The accountant may suspend payments before receiving confirmation of the authenticity of the resolution; she must also verify the correctness of the documents and calculations, and send a request to the official bailiff, asking for clarification of the procedure for applying the resolution.
How can an accountant pay money without knowing the amount?

8. What should I do? Where to begin? What documents should I collect? Is it possible at my place of residence?

It’s worth using the website and the husband’s work organization to find out the authenticity of the resolution.

9. How can my husband resolve the issue of missing money and past payments? How to prove that they were (deductions from work, transfers and cash, property)?
For transfers from a card, everything is simple; you just need to request a bank statement (usually online) for the entire payment period.

10. How can my husband resolve the issue of visiting children? Better yet, is it possible for the father to take the children away permanently?
It is worth filing a lawsuit to establish the order of communication with children. This can be done in your case at your place of residence.

11. How can he protect himself and his family in the future from the actions of this woman? How to prove her past fraud?
Require her to confirm the expenses of alimony (and other funds received from her husband) for children, attaching receipts, etc.
Let her prove it, based on your statements of transfers to the card, and confirmed transfers of cash (you can take screenshots of the correspondence from instant messengers and have them notarized for the court).
Protect yourself - establish a procedure for communicating with children, draw up an agreement on alimony in the same court, so that it is not possible to demand more than is required.

12. Are the actions and accusations of the bailiff legal? If not, how can he be held accountable for his misconduct and abuse?
The actions of the bailiff, in my opinion, are unlawful. It is worthwhile, after establishing the presence/absence of enforcement proceedings, to apply to the territorial authority. FSSP body, tell the boss everything and present the resolution.

Good luck to you, I'm sure everything will work out for you. In any case, accept this situation as the beginning of a resolution to your spouse’s past relationship. Everything is for the better, resolve all issues once and don’t worry about it later)

Lawyer Bychkova N.V., 12169 answers, 5141 reviews, on the site from 02/07/2011
3.2. You have a lawyer! Why can't he answer your questions?
1 and 2, make a request to the SSP Department that issued the decision and you will find out everything.
3.Yes, I did.
4. Stupid question about legality and not correct. The answer depends on what documents she presented to the bailiff.
5.You need to look at the resolution itself
6. Not necessary, details can be attached to the package of documents: resolution, copy of the judicial act, details.
7.If in doubt, first request, then answer, then hold.
8.Write requests and complaints. In your opinion it is impossible.
9. Collect documents confirming transfers and payments and send to the bailiff with an application for recalculation
10. In court, at the mother’s place of residence.
11.Until the children reach adulthood and the debt is repaid, no way
How to prove her past fraud - file a police report
12.Are the actions and accusations of the bailiff legal? If he does not have supporting documents, then he is initially right.
If not, then how to hold him accountable for unlawful actions and insults - write complaints and go to court.
Go to a normal lawyer for advice if the one you contacted before is competent and cannot advise you and you are looking for free help.

4. 5 years ago I won the court case, the debtor still hasn’t paid anything and there are a lot of enforcement proceedings hanging over it. However, not so long ago I found out that the debtor feels great, lives happily, flies to rest, etc., etc. - it turned out that the debtor changed his last name. And if under the old surname the debtor has a lot of cases - more than 20, then under the new surname - he is pristinely pure.
Question: what to do? Should we go back to the same court to make a request to the passport office, determine a new name and issue a new writ of execution?
p.s. The thing is that it seems to me more correct to do it this way because... If I start to resolve this issue with the bailiffs, the bailiffs can reassign all the old debts to a new surname and then no one will definitely receive anything, and if I bring an individually new IL, then the new surname will only have one of my cases, because the rest of the collectors have long given up on this debtor...

Lawyer Ulanov A.S., 3490 answers, 2008 reviews, on the site since 12/09/2014
4.1. Hello!
If your case is being handled by a bailiff who does not handle other cases of this debtor, then you can contact the bailiff to resolve this issue. Well, your idea is quite logical and can work in practice. Go to court.

5. After the divorce, I filed for alimony and moved with the child to another city, now I’m faced with the fact that ex-spouse I changed my job and I haven’t received money for the child for more than six months, during which time I changed my last name and decided that maybe this was the problem. I started calling the bailiffs. I called for a month, I finally got through, the bailiff was not the one who was handling our case, she said that she would tell me that I had applied and they would resume the court proceedings. About 2 weeks later she started calling again, this time I got through after 2 weeks. The bailiff said that she couldn’t do anything without my application, gave me an email address, and told me to send the application and copies of documents. Everything was sent on the same day. I have been calling for 2 months now to find out if they received the documents and how the matter is progressing. I just can't get through. Since we have different time zones, I even got up at 5 am to call at the beginning of their working hours. I call every day. I only got through to the office and asked if there might be some hours during which they answer the phone, to which I was told that there are no hours, keep calling, but they got through to me. I keep calling, of course, but I’m already thinking that I shouldn’t call them, but the higher authorities. Please tell me what to do in this case? Also, after I sent the application, on the website of the FSSP debtors, my ex-husband debt was revealed writ of execution in the amount of 5 thousand rubles, because I last received alimony in May, I think that there cannot be such an amount? And after the new year, this debt disappeared from him, although I still don’t receive alimony.

Lawyer Churakova N.V., 199 answers, 168 reviews, on the site from 01/09/2019
5.1. Good afternoon File a complaint against the court's inaction. bailiff to a higher office, briefly state all the facts and provide a certificate of the progress of the case.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

6. What is the likelihood that bailiffs will look for a debtor who changed his last name in another region and is not registered anywhere.

Lawyer Kolkovsky Yu.V., 100658 answers, 46975 reviews, on the site from 07/05/2015
6.1. If the claimant is persistent, he can force the bailiffs to work.

7. The situation is like this.
I am a child support recipient. Changed my last name. As expected, I changed all the documents, including the bank card (to which alimony payments are received). I received the card and an extract with the details on November 2, 2018. On the same day, I sent an application for a decision to change the details to the bailiffs with all supporting documents - by e-mail and Russian Post (since I live 1000 km from the bailiffs). The notification of receipt of my letter is dated November 9, 2018. Today is December 6, 2018. There is still no resolution. Accordingly, there was no alimony for October. And in a week the alimony payments for November will be calculated. At the debtor’s work they refuse to transfer alimony payments to new details without a bailiff’s order. The bailiffs don't give an answer over the phone, they say write by email. On 11/29/18 they answered me that the letter was sent to the debtor’s work. But they didn’t get anything at work. They ask for the outgoing number and the date of sending. For 3 days in a row I write to the bailiffs to find out this information, but they completely ignore me.
It turns out that our rights with the child were violated. Who and where should I complain? How to achieve payment of alimony (before this everything came on time)?

Lawyer Shagurova K. E., 991 answers, 759 reviews, on the site from 08/31/2018
7.1. Write a complaint to the senior bailiff about the actions of the bailiff, attaching a copy of the notification of receipt of your application by the SSP. If there is no response to the complaint, you can file an administrative claim in court regarding the inaction of the bailiff.

8. Question regarding debt collection based on a court order. Is a court order valid in which the debtor’s data (in this case, the surname) is not current, the order was issued in May 2018, and the debtor’s surname was changed in February 2018.
Should the Court Order be adjusted?
Thank you!

Lawyer Ponomareva O.I., 710 answers, 486 reviews, on the site from 08/04/2017
8.1. Hello. Write a statement to the bailiff, indicate that the debtor has changed his last name, ask to make a request to the registry office. The bailiff will receive a response, join the enforcement proceedings and continue collection.

9. In the spring of 2015, the daughter completely repaid the debt credit card Tinkov Bank. (We don’t remember the exact date). The card was closed, the account was 0. I never used a card from this bank again. Several times I ordered a certificate from the bank that the debt had been repaid, the call center employees said that they had sent it, but we did not receive it. That same year, my daughter got married and changed her last name. Yesterday we received a letter from this bank that the daughter is obliged to provide her contact information and that she is hiding this information from the bank. Why do you need to provide your information to a bank whose debt has been paid in full?! That you need to call the debtor relations department, otherwise the bank will cede its rights to collectors. Why call the bank and provide your new contact information if the debt is paid in full? Please advise what I should do and where I should go. No contracts or information about the debt, except for screenshots personal account not preserved.

Lawyer Barzaeva A. A., 135 answers, 94 reviews, on the site from 10/25/2018
9.1. Hello. Have your daughter send a written request to the bank via electronic means.

10. When I applied for alimony for my husband, I was not married to him and was in my maiden name. Then they got married after 1.5 years of separation. I took his last name. Now my husband (the debtor) has got a job. The alimony went to my maiden name. If I submit a 20-digit invoice under my husband’s last name to the accounting department, will they transfer money to my account? Can I, being married, not refuse alimony? What documents and where should I submit them? For a change of surname?

Lawyer Parfenov V.N., 140941 answers, 61229 reviews, on the site since 05/23/2013
10.1. Yes, being married, you have the legal right not to refuse alimony. In order for alimony to be transferred to your current surname, you need to provide a copy of the marriage certificate to the accounting department.

11. I have this situation. By order of the court dated 11.2014, enforcement proceedings were initiated. Some of the funds were deducted from my salary. In 2015, I got married, changed my last name and went on maternity leave. Debts were listed according to the old surname. In May 2017, I got a job and returned from maternity leave. Recently I saw my new name in debtors. There is nothing about the old name. The amount is the same. Enforcement proceedings were initiated in July 2017. But so far no writ of execution has arrived at work under the new name. Please tell me how long it will take to expect this sheet to arrive new job?

Law firm LLC "PRAVOPRO", 20568 answers, 12061 reviews, on the site since 05/18/2017
11.1. Good afternoon

The fact is that bailiffs send documents through the office; the sheet may lie for several months before being sent. The letter could also get lost in the mail. You can call the bailiff and find out when the letter was sent.
Best wishes to you!

Lawyer Lyapin A. O., 305 answers, 95 reviews, on the site since 10/06/2008
11.2. If you did not receive this court order, then even now it can be canceled, and any deductions from wages will stop. However, more than one order could have been issued against you, with new deadlines. That is why you now have this debt. We need to understand it in detail.
You can call me and schedule a free in-person consultation. We will analyze your problem in detail and find a solution.

12. Please tell me, I have the following situation: 10 years ago I applied for alimony, I didn’t receive it for 8 years, I got married and changed my last name. I submitted all the documents for changing my last name and received a new writ of execution. I sent him to another city at the debtor’s address, and it turned out that the alimony debt began to count from the moment it was received at the debtor’s address. The bailiffs explained that the writ of execution was not drawn up correctly. How can they be sent a calculation of the debt for 8 years? , where the writ of execution is sent. And how can this be if the payment slip for the debt was sent to them. Thank you in advance for your response.

Lawyer Cherednichenko V.A., 193263 answers, 73802 reviews, on the site from 05/12/2015
12.1. A new writ of execution can only be obtained from the court where the original writ was issued. It is impossible to get it in your city.

A court order at the place of registration of the debtor, where he has not lived for 6 years (the debtor is 21 years old). Since the death of his parents, when he was still a minor, and the existence of a court order issued in February, the debtor (he had already changed his last name upon adoption) only finds out in July from the FSSP website. Is it possible to restore the deadline for filing an objection to this court order? Read answers (2)

13. Can I sue the guardianship authorities (I received a repeated refusal to change the surname of a minor child). 1 time they said there are no certificates that he is a debtor, 2 times they said yes there are certificates, but not much time has passed, the child is only a year old. (The law on time does not say anything about who has enough, in whose opinion, and so on). As a result, I have a choice to file a lawsuit against my ex-husband who is hiding from us and does not pay alimony and against changing his last name, or against the guardianship authorities as not protecting the interests of my child. Where are the best chances?

Lawyer Chizhov A.I., 10713 answers, 3377 reviews, on the site since 02/09/2006
13.1. Olga, I think, first you need to file a claim against your husband for payment of alimony, and only then - an administrative claim against the guardianship and trusteeship authorities, the husband will be the third party there.

If you can’t handle it yourself, I advise you to contact a lawyer.

14. I have a namesake in another city, the full name and date of birth are the same, and my namesake is in debt, they constantly write off money from me because of her, there are a lot of problems. Is it possible to somehow fight this? I'm tired of proving that I'm not a debtor.
Will changing your last name somehow affect this situation?
Please help me resolve this issue!

Lawyer Merny M.A., 3001 answers, 1663 reviews, on the site from 05/11/2018
14.1. Hello Anna.
Changing your last name will certainly help, but I think this is too radical and this concerns future possible obligations.
For those that arose earlier, you cannot escape this, since it is very rare for both the full name and date of birth to coincide. But it is enough to bring such a thing to an end once and most likely it will stop.

Lawyer Epifanov D. Yu., 1073 answers, 849 reviews, on the site from 04/10/2018
14.2. Good afternoon Anna! Your full name and date of birth may match, but your passport details and place of registration do not. When a writ of execution is issued or any legal actions are taken by a citizen, passport details and registration are always indicated in addition to the full name and date of birth. Therefore, they cannot initiate enforcement proceedings against you, and bailiffs write off money only based on the data provided to them by credit institutions. Therefore, write complaints to the prosecutor's office, to the FSSP department in your region. You are required to return the money. You can even seek compensation for moral damage through the court.

15. The claimant presents a duplicate of the court order (for which there is no decision of the court that issued such a duplicate - this court did not exist at all). The debtor was given a court order and a ruling to change the name of the claimant, but there was no court hearing to issue a duplicate of the court order - the court secretary told me this. Can a duplicate of a court order be considered a forgery?

Lawyer Furlet S.P., 1450 answers, 1373 reviews, on the site from 03/04/2018
15.1. Hello!
If in the case you specified in the question, in accordance with Article 430 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation), there was in reality no court hearing on the issuance of a duplicate of this court order, then in the actions of the persons who “concocted” it, obvious signs of a composition are seen a crime under Article 327 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) “Forgery, production or sale of a counterfeit document.” Moreover, if this duplicate was previously presented by someone as evidence in civil, criminal, administrative cases or a case of an administrative offense, then the actions of the bearers may contain signs of a crime established by Article 303 of the Criminal Code of the Russian Federation.

16. What should the bailiff do if the alimony debtor changed his last name and did not notify him about it?

Lawyer Deysling T. A., 6713 answers, 2491 reviews, on the site from 08/22/2015
16.1. What should the bailiff do if the alimony debtor changed his last name and did not notify about it? - The bailiff must make a request to the registry office to change the last name, first name, and patronymic.

17. Half a month ago they called me at work and introduced themselves as MFO Money right away, that I supposedly owe them, I have a debt of 68,000 rubles. I didn’t register or take anything from them. I went to their office to sort it out and asked for a copy of the contract because... They told me that I was in their database of debtors under my old last name, that the loan was taken out 2 years ago. They refused me and told me to write a statement to management asking them to provide a copy of the contract, I wrote and gave all my new data (I changed my last name, got married). They said they will call you and tell you the solution. Nobody called, they sent a letter saying that they refused to consider my application because... I did not provide them with documents about the change of personal data, although I provided them with everything. No one calls anymore, they remain silent. Please advise what to do.

Lawyer Astsatryan N.V., 41,725 answers, 23,573 reviews, on the site from November 24, 2016
17.1. Hello! If you are denied a copy loan agreement, then you have the right to file a complaint with the Central Bank of the Russian Federation, as well as the prosecutor’s office.

Lawyer Mokrushin L.A., 3697 answers, 3048 reviews, on the site from 12/11/2017
17.2. Good afternoon Evgeniya, your situation looks very much like a fraudulent one, so to be on the safe side, if I were you, I would write a statement to the police (then visits and calls to you from this organization will definitely stop), if they can’t find an agreement, then on what grounds? they claim a debt, everything is correct, contact their management, if possible, use special means when talking with the “management”, because you will probably be “forced” to pay the debt, and in the future this evidence will provide you with a good alibi.

Lawyer Temnov A. N., 1348 answers, 829 reviews, on the site since 12/22/2017
17.3. Hello, your question requires clarification. Contact a lawyer on our website, personally explain everything in detail, he will provide you with legal assistance. But you don’t need to pay anyone, that’s for sure.

17.4. Good day to you. In such a situation, you can only wait to go to court or until the statute of limitations expires, which is 3 years. Good luck and all the best.

18. Such a question. The debtor changed his last name, but in the court decision and in the writ of execution his old last name appears. In the database of the bailiffs and the search department there is an old surname. The bailiffs made a request to the registry office. Should the debtor still be in the database using his old last name or should the bailiffs change it to a new one?

Lawyer Shestakova G.V., 237 answers, 172 reviews, on the site from December 16, 2017
18.1. Good afternoon. We look at the Resolution of the Plenum of the Supreme Court of November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings”: clause 20. A change in the name of an individual or a change in the name of a legal entity that is not associated with a change in the organizational and legal form does not require the court to resolve the issue of procedural succession, since this does not entail the withdrawal of a party to a controversial or court-established legal relationship.
In this case, the bailiff issues a resolution to initiate enforcement proceedings indicating both the new and the previous name (name) of the claimant or debtor, attaching to the materials of the enforcement proceedings documents confirming the relevant changes (for example, a certificate of change of name or extracts from the Unified state register legal entities). If the name (change of name) of the claimant or debtor is changed during enforcement proceedings, the bailiff indicates this in the relevant resolution, and, if necessary, may make changes to previously issued decisions in relation to Part 3 of Article 14 of the Law on Enforcement Proceedings.
P.21. After the initiation of enforcement proceedings, the bailiff, if the executive document is unclear, has the right to apply to the court that adopted the judicial act on the basis of which this executive document was issued, with a request for clarification (part 1 of article 433 of the Code of Civil Procedure of the Russian Federation, part 1 of article 355 of the CAS RF, in relation to Part 1 of Article 179 of the Arbitration Procedure Code of the Russian Federation, Article 32 of the Law on Enforcement Proceedings).

19. Such a question. The debtor changed his last name, but in the court decision and in the writ of execution his old last name appears. In the database of the bailiffs and the search department there is an old surname. The bailiffs made a request to the registry office. Should the debtor still be in the database using his old last name or should the bailiffs change it to a new one?

Lawyer Kashapova I.A., 186 answers, 122 reviews, on the site from 10/30/2017
19.1. Good evening, in this case there has been no change of persons, so enforcement proceedings will be conducted as usual, bailiffs can attach the response from the registry office to the documents of enforcement proceedings and continue their work.

20. I wanted to know what is the procedure for the bailiffs if the writ of execution is issued in the same surname of the debtor, but the debtor has changed his surname? Does this complicate the process or is it easy to solve?

20.1. Hello! If the debtor has changed his last name, the bailiff has the right to make a request to the Civil Registry Department. Based on information from the registry office, the bailiff issues a resolution to change the information about the debtor in the decree.

The lawyer issued a warrant on August 22, 2018 to represent the interests of his wife in an individual entrepreneur with the bailiffs, but the warrant contains the new name of the debtor (Elkina N.N.), with whom he took part in the arrest and seizure of property. The debtor informed the bailiffs about the change of surname only on August 23, 2018, and then a new consolidated proceeding was formed. Until August 23, 2018, enforcement proceedings were carried out on N.N. Sidorenko. Is it possible to invalidate the order? And the actions of the lawyer are illegal. Read answers (1)

21. The debtor under the writ of execution changed his last and first name. And the cash payments transferred by the bailiffs stopped. What to do?

Lawyer Vorobyova N.A., 17163 answers, 6587 reviews, on the site from 04/14/2015
21.1. Hello, Igor.
You can submit an application to the bailiffs to search for the debtor and his property, in accordance with Art. 12, art. 65 Federal Law “On Enforcement Proceedings”

21.2. Hello, dear Igor!
You asked the lawyers of this site a very important legal question for yourself, hoping to receive from them more complete explanations with links to the necessary regulations, rather than short answers.
Firstly, if the debtor in enforcement proceedings has changed his last name and first name, then the writ of execution issued by the court in this case is no longer valid, since it contains other data about the last name and first name of the debtor (see Article 13 of Federal Law No. 229-FZ “On Enforcement Proceedings” ").
Secondly, in this case, the collector has the right to submit an Application to the court that made the decision to collect the debt from the defendant, to replace the debtor. The court will consider this Application, the evidence thereto and issue a Ruling to replace the debtor, on the basis of which the court will issue the claimant a new writ of execution indicating the new name and surname of the debtor.
The claimant will submit this writ of execution with the Application again to the SSP at the place of residence or place of stay of the debtor.

A specific lawyer can help you understand this in more detail, incl. from this site by agreement, after receiving more complete and necessary information on the legal issue and (or) copies of the necessary documents.
Good luck to you.

22. Such a problem, my husband and I divorced 1.5 years ago, did not pay alimony. He was considered a debtor, but he filed it because he was the father, so let him pay. In general, I wanted to deprive him of his rights. I don't know how to do this. He doesn’t help the child, he doesn’t see him, he’s not interested in him, alimony payments of course began to arrive, and he doesn’t participate in his upbringing. I received constant threats, I saved the audio recording and screenshots of the messages. I have my own family, my son considers his stepfather to be his father, and is ready to adopt. But the change of surname and the refusal are not approved by the child’s natural father. How and what can I do to deprive my rights, or change my last name, how and what can I do? Is it possible to deprive him because of threats or not, despite the fact that he pays alimony? The child is 3.5 years old.

Lawyer Iskibaeva E. Yu., 24071 answers, 13075 reviews, on the site from 01/05/2017
22.1. Hello!
If there were threats to life and health, then you can contact the police and if you end up with a sentence under Art. 119 of the RF IC, in this case he will enter into legal force, then there will be grounds for applying to the court for deprivation of parental rights. If you pay child support and want to participate in the life and upbringing of the child, then you have practically no chance.

Lawyer Akhmedov T.F., 51335 answers, 24319 reviews, on the site from 04/21/2016
22.2. Hello.
It is possible to deprive a parent's right only by a court decision. The grounds for deprivation are specified in Article 69 of the RF IC. Study the article.

Lawyer Batkaeva Yu.V., 25972 answers, 11865 reviews, on the site from 12/01/2014
22.3. Hello. The grounds on which it is possible to deprive the child’s father of parental rights are provided for in Article 69 of the Family Code of the Russian Federation. In your situation, most likely, you will not be able to deprive him of his rights.

Lawyer Polyansky M.P., 27609 answers, 13805 reviews, on the site from 06/27/2015
22.4. . Deprivation of parental rights

Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in court.
Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
(as amended by Federal Law No. 49-FZ dated April 24, 2008)
(see text in the previous edition)
2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.
3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.
4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.
5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth.

23. Such a problem, my husband and I divorced 1.5 years ago, did not pay alimony. He was considered a debtor, but he filed it because he was the father, so let him pay. In general, I wanted to deprive him of his rights. I don't know how to do this. He doesn’t help the child, he doesn’t see him, he’s not interested in him, alimony payments of course began to arrive, and he doesn’t participate in his upbringing. I received constant threats, I saved the audio recording and screenshots of the messages. I have my own family, my son considers his stepfather to be his father, and is ready to adopt. But the change of surname and the refusal are not approved by the child’s natural father. How and what can I do to deprive my rights, or change my last name, how and what can I do? Is it possible to deprive him because of threats or not, despite the fact that he pays alimony?

23.1. Good day, dear visitor!
Of course, you can apply to the district court to deprive him of his rights; the grounds for deprivation are established by Art. 69 IC RF

Lawyer Shevchenko O.P., 177970 answers, 77656 reviews, on the site since 04/27/2009
23.2. You should contact the district court and file a claim for deprivation of parental rights. In this case, he will be required to pay alimony.

Lawyer Dyakin A.V., 15403 answers, 6706 reviews, on the site from 05/19/2015
23.3. Hello
The grounds for deprivation of parental rights are specified in Article 69 of the RF IC
"Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (as amended on October 30, 2017)
. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
refuse, without good reason, to take their child from the maternity hospital (ward) or from another medical organization, educational organization, social service organizations or similar organizations;
(as amended by Federal Laws dated April 24, 2008 N 49-FZ, dated November 25, 2013 N 317-FZ, dated November 28, 2015 N 358-FZ, dated March 28, 2017 N 39-FZ)
(see text in the previous edition)
abuse their parental rights;
children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
are patients with chronic alcoholism or drug addiction;
committed an intentional crime against the life or health of their children, the other parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
(as amended by Federal Law dated December 30, 2015 N 457-FZ)
(see text in the previous edition)

24. The decree on sending a copy of the writ of execution for execution at the debtor’s place of work states that we must independently calculate the amount of the debt from September 2, 2017, but the debtor has been working for us since October 2, 2017, we don’t know his income in September, what to do ?
And the same decree also states that we must hand over the amount of the debt to the collector personally or send it by mail, and a copy of the passport and bank account details are attached to the decree, BUT! The surname of the claimant in the decree differs from that in the passport and bank details, while the change of surname occurred, judging by the issuance of a new passport, more than a year ago, is it worth paying attention to this discrepancy? Wouldn't it be a violation on our part to make a withholding based on conflicting documents?

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
24.1. Good day, dear visitor
Of course, you need to look at the documents for an accurate answer.
Good luck to you in resolving your issue.

Lawyer Derevyanko S.Yu., 155779 answers, 56963 reviews, on the site from 08/15/2012
24.2. Good day to you. It is necessary to study all your documents for consultation. I wish you good luck in resolving your issue.

25. What if I have already received enforcement documents for collection from an individual who has changed his last name, can I now send documents to the bailiffs to initiate enforcement proceedings, and during the course of the proceedings, the bailiff can send information about the change of the debtor’s last name?

Lawyer Karasov S.P., 87834 answers, 44849 reviews, on the site since 08/08/2015
25.1. Hello! You submit the writ of execution to the bailiff at the debtor’s place of residence. The bailiff can make a request to the registry office.

Lawyer Zotov V.I., 36842 answers, 15126 reviews, on the site from 07/11/2009
25.2. Hello, dear Rustam!
You asked the lawyers of this site a very important legal question for yourself, hoping to receive from them more complete explanations with links to the necessary regulations, rather than short answers.
Firstly, this legal issue is regulated by Federal Law No. 229-FZ “On Enforcement Proceedings” and the Civil Procedure Code of the Russian Federation, which you can familiarize yourself with at any time.
Secondly, if you present these enforcement documents with the Application to the Bailiff Service at the debtor’s place of residence, then the bailiff to whom your Application will be transferred is obliged to initiate enforcement proceedings in accordance with Article 30 of Federal Law No. 229-FZ.
Third, he will not be able to collect anything from this debtor in the case you specified, and then he will be forced to terminate enforcement proceedings on the basis of Article 43 of Federal Law No. 229-FZ and return the enforcement documents to you.
Fourth, in this case, it is better for you to first apply to the court to replace the debtor and to issue you new writs of execution, and then work purposefully with the bailiff.
Know your rights and obligations as defined regulations, this is good, but it is better to be able to use them in practice to benefit yourself, and not vice versa.
A specific lawyer can help you understand this in more detail, incl. from this site by agreement, after receiving more complete and necessary information on the legal issue and (or) copies of the necessary documents.
Good luck to you.

26. In 2011, I took out a loan from one of the banks and took it with a card. For three months I paid as expected, then the bank increased my credit on the card. I paid for about two months, and then I was a month late, and it started... Threatening calls, I called the bank myself to explain the situation, they connected me with the main one and he swore at me and also threatened me. After that I changed my phone number. Three or four years later, I received a letter from a collection company that a criminal case would be opened against me for fraud. I waited, thinking that the bailiffs would call me, but no one called. Then I called the phone number that was in the letter and gave my last name, but they didn’t find my last name in the list of debtors. After that, half a year later, I received another letter from another credit company saying that they had bought my debt and demanded it be returned. A copy of the assignment was sent. And now, every six months, a letter comes periodically with threats that they will sue and the amount of debt is constantly growing. They write that she took 59 thousand and they demand to return 161 thousand. I waited for the bailiffs to appear, but there was silence. I went to a lawyer with a letter and they told me not to react to these letters in any way. What should I do please tell me.

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
26.1. Good day!
Of course, you were answered correctly - do not react in any way.
If you can’t pay, don’t pay, wait for the courts.
Ask the court to reduce the penalty under Art. 333 of the Civil Code of the Russian Federation, and then ask for an installment plan for the court decision (submitted to the same court that made the decision).
Article 333. Reduction of penalties
1. If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. If the obligation is violated by the person carrying out entrepreneurial activity, the court has the right to reduce the penalty subject to the debtor’s application for such a reduction.
Look also, most likely the statute of limitations has expired- 3 years from the date when the payment was due.
Declare this in court and their claim will be denied
Good luck to you in resolving your issue.

Law firm LLC "TANDEM", 163 answers, 80 reviews, on the site since 10.20.2017
26.2. Good afternoon In your case, you should only respond to the court order in time, if such a document arrives in the mail within 10 days, send objections to it to the court. If, of course, there is official income. You don’t respond to all other letters and threats; these are ordinary scares for debtors! Always happy to help!

27. How to replace the debtor’s surname in the writ of execution, I am a claimant, I need to present the sheet to the bailiffs, but the debtor got married and changed her surname, I don’t have a document about this.

Lawyer Semenov A.F., 35053 answers, 12311 reviews, on the site from 03/29/2015
27.1. There is no need to change your last name on the writ of execution. The bailiff issues a resolution to initiate enforcement proceedings and will indicate the old and new names there.

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
27.2. Hello, dear Tatyana
Why do you want to do this?
Bailiffs themselves can request information from the registry office

Good luck to you in resolving your issue.

28. The alimony debtor was removed from the database of enforcement proceedings without the knowledge of the plaintiff, what could be the consequences for the debtor and bailiffs under the legislation of the Russian Federation?
When searching on the website of the Federal Bailiff Service on the database of enforcement proceedings and searching for debtors, I did not find either the debtor (ex-husband) or the enforcement proceedings. No data available! This year in the summer, I went to them and submitted an application to change my last name and provided them with all the changed data. Just a month ago, all the data on him was on the FSSP website! Now they are gone! I didn’t write a refusal on the writ of execution!

Lawyer Bogolyubov A. A., 19237 answers, 12726 reviews, on the site from 07/22/2017
28.1. You should write an application addressed to the bailiff, and if it is refused or not answered, you have the right to file a complaint with the prosecutor's office, and best of all, with the court in accordance with the requirements of the CAS of the Russian Federation.

Lawyer Polyakova A.S., 1139 answers, 627 reviews, on the site from 01/28/2011
28.2. Good afternoon. First of all, come to the department and find out from the manager. If the execution was terminated, you should have been notified; if it was terminated without proper grounds, you must appeal!

Lawyer Konyuchenko S.N., 214 answers, 138 reviews, on the site from 10/11/2017
28.3. Hello,
Enforcement proceedings are removed from the FSSP database if they are completed. In your case, the writ of execution was sent for execution at the debtor’s place of work, which serves as the basis for the completion of enforcement proceedings.

29. I always receive alimony on the 13th from the factory where the debtor works. Due to the change of my last name, alimony was returned to the plant, and on the 16th the accounting department said that the money was sent to the bailiffs. The bailiffs said wait for the transfer from them. How long will it take for them to pay me child support? Thank you.

Lawyer Derevenko A. R., 16 answers, 12 reviews, on the site from 10/09/2017
29.1. Debt collection within the framework of enforcement proceedings occurs through the bank account of bailiffs. This is a deposit account to which the debtor transfers money in the required amount within the allotted time frame. The law obliges bailiffs to transfer money within a specified time frame. This can be learned from paragraph 1 of Article 110 No. 229-FZ. It states that the transfer of funds from the bailiff must occur within 5 operational (banking) days from the moment they are received into the account. If the debtor paid the required amount, but the joint venture did not fulfill their obligations within the specified period, then this is a violation of the law. In this case, the FSSP bears responsibility for the delay. In this case, you can file a complaint with the FSSP or in court.

30. I am an alimony debtor and have changed my last name. I need to go to the bailiffs.

Lawyer Mataev A.G., 40206 answers, 22127 reviews, on the site from 07/07/2011
30.1. Hello, dear Roman
Yes, of course you need to inform the bailiff about this, although this is not essential, you can just call

Good luck to you in resolving your issue.

Lawyer Chekasin S. L., 769 answers, 503 reviews, on the site from 10/16/2017
30.2. Hello, if you are a conscientious payer and intend to fulfill your obligations, then it is not necessary, but it is advisable.

Lawyer Radchenko N.V., 307 answers, 161 reviews, on the site from 04/05/2014
30.3. Hello Roman, you must inform the bailiff about the change of your last name and present your new passport as confirmation of the data. This fact must be reflected in the case. This will save you from unexpected problems in the future.

View a good sample case to save time editing the final copy of the case. The responsible application has important fields to fill out. To fit them in accordance with the requirements, you need to understand the principle. The easiest way to implement this is to use the example below.

If you find information that is not entirely accurate or inaccurate, please write to the administration about this in the form below the article. It must be remembered that lawmaking does not stand still and many of the statements are beginning to become outdated. It is imperative to check the modernity of the references to the law indicated in them.

It may happen that some norms have already been cancelled.

Changing a surname in Spanish document

SAMPLE

To court Oktyabrsky district Grodno

FULL NAME. applicant__________________________________________

Applicant's address__________________________________________

Applicant's telephone number___________________________

STATEMENT(about changing the last name in the executive document)

In the Oktyabrsky District Court of Grodno, an executive

document on recovery in my favor from ________________________________________________
(full name of debtor)
alimony (amounts, etc.). In connection with _________________________________________________
(specify reason)

I changed my last name from ___________________ to __________________.
(last name before change) (last name after change)

Taking into account the above, I ask you to make a change in the executive document

“____”______________ 200__ signature.

Application for change of surname - free legal advice from lawyers

Law No. 229-FZ does not provide for the right of the bailiff to independently change the name of the debtor.

When renaming the claimant: apply to the court not to replace the claimant, but to make appropriate changes to the writ of execution.

In Art. 383 of the Civil Code of the Russian Federation names requirements for alimony, the right to which cannot be the subject of succession, as inextricably linked with the personality of its owner.

The following assumption can be made: when changing the name of the debtor (collector), which is not procedural succession, the grounds for permission the above question not available in court. Among the materials of enforcement proceedings, the bailiff must be presented with reliable evidence of a change in the name of the party to the enforcement proceedings.

Similarly, when a debtor-citizen changes his last name, the bailiff must be presented with relevant documents confirming this fact (marriage registration certificate, divorce certificate, certificate of name change, etc.). Resolving this issue in court helps to strengthen the indisputability of enforcement actions performed by the bailiff.

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Changing the name of the claimant in enforcement proceedings. Will changing your last name help you get out of debt?

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