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How to deal with bailiffs
How to deal with bailiffs
Anonim

Prepare for a trip to the FSSP, try to minimize payments, know your rights and do not be afraid to defend them.

How to deal with bailiffs
How to deal with bailiffs

One day a friend called me: “I lost the court to the bank. What will happen now? Will they take everything away from me? But the truth is that they don't teach you how to communicate with the bailiffs. This is the reason for writing this article.

You could be in debt on a loan and bring the case to court. To evade alimony, not to pay for housing and communal services for a long time. The principle is one - you must. There was a trial, you lost it. The collection has begun - enforcement proceedings. And then these guys appear.

Bailiffs-executors are the same people, like everyone else, with weaknesses. With a little power, they revel in it to their fullest. But there are ways to make your situation easier.

Tip 1. Get rid of property

The bailiffs will immediately find out what can be quickly written off. Sell your car. Give a share in the apartment. Give the proceeds to your parents - after all, you owe them your life, why not. Distribute money from accounts. This is all arrested in the first place.

Have no right to take away:

  • Household items: clothes, shoes and food. There is no clear list, so the bailiff may describe the washing machine and dishwasher as luxury items. This is decided through the court, feel free to challenge the ruling. Detailed instructions and samples are available on the FSSP website. The court will be on your side, sometimes partially.
  • Property to provide income. The taxi driver will not take the car, the copywriter - the laptop. The problem is that this will have to be documented, and the procedure is rather implicit, there are no combat instructions. There is only one recipe - to a lawyer for a consultation. Desirably for the best you can find.
  • Everything that belongs to children: toys, crib, playpen, diapers. Do not even worry, they are not eligible.
  • Living space if you have nowhere to live. It's about ownership or about a share.
  • Livestock, poultry, bees, if this is not part of your business.

I donated my share in the apartment to my relatives, I don't have a car, when all the accounts were arrested, I gave more than 300 thousand rubles to the plaintiff. I have not removed the money from my personal account - do not repeat my mistakes. You shouldn't have anything other than life support.

Tip 2. Try to track the fact of the start of production

You will be sent letters and summons that are unlikely to reach. A direct question will be answered: "We have a notification of sending in the system, but we are not responsible for the work of the mail." And in five days they will simply begin to arrest everything.

At this point, you are forced to go to a personal meeting with your bailiff. If we are talking about Moscow, then the reception is twice a week. I highly recommend arriving in advance, an hour before the start, otherwise you will have to sit in line for a couple of hours.

In my situation, the notification was not served, everything was immediately arrested. In an amicable way, it was possible through the court to challenge the start of the office work, but I did not dare, because the money had already been written off. It is unlikely that they will be returned to me by a court decision.

You can protect yourself a little. If you lost the trial, put the FSSP application on your phone, enter your data and set up notifications. As soon as a push comes - immediately to the bailiff.

Tip 3. Prepare for meetings

The first is often relaxed. They listen to you: why the debt has arisen, how and how much you can pay, in what parts. You write a statement with all these facts, indicate the amount and date of the monthly payment.

Stay alert. The main task of the bailiff is to execute the production as quickly as possible, that is, to take away everything that you have.

The top of madness will show up in sables, waving the iPhone XS. They tried to describe my phone this way, catching it on nonsense. They discussed how the debt could be paid off. The bailiff says: “Is there Sberbank Online? Open ". I opened it. Says: “Good phone? We take out a SIM card, he is arrested. "He barely jumped off - said that he was given out at work. Lucky not to have to prove it.

Control your speech and emotions - dry clerical language, strict facts. And don't let the bailiff provoke.

Tip 4. Minimize payments

You need to eat. And also get to work, pay utilities and loans. This is what needs to be regulated.

You can agree on this through a statement to the bailiff. We describe the situation, the bailiff approves the statement from the authorities, profit. You pay the agreed amount and you will not be touched - in theory.

In my case, once every couple of months, the bailiff goes through all the sources. Breaks through apartments, new and old cards. If something is lying around, be calm: it will fly away, whistling.

There is an option to fix the payment through the court. I didn't, but I advise you. Perhaps you will live more calmly. There are no detailed instructions here either, be sure to consult with a lawyer.

Tip 5. Don't be afraid

Have you ever talked to collectors? Multiply by 10-15, you get a regular bailiff.

Do not get fooled by provocations. Don't lose your composure. Don't get emotional.

And don't try to hide. You must perfectly fulfill your obligations, only in this case they will lose interest in you.

Don't be afraid to complain if an employee goes overboard. On any wall in the FSSP building there is an instruction for filing a complaint. Do not think that they will take revenge on you, next time they will simply not want to mess with you. The procedure is described in detail on the official website of the service.

Any decision of the bailiff must have a dated order handed to you. If you don't have it, insist. Otherwise, you won't prove anything to anyone later.

I have so "lost" the decree on the offset of two million rubles when changing the bailiff. Then it was found magically - after three trips to the FSSP.

Most importantly, remember that this is all temporary. Take it as an invaluable lesson.

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