Enforcement proceedings are carried out on the basis of Law 229-F3. After the court ruling on the repayment of the debt under the writ of execution, payments should begin to go to the plaintiff's account within two months.
If an employee has submitted a writ of execution to the accounting department of your company, then you are required to make monthly transfers to the plaintiff's account in accordance with the amount indicated in the document. The writ of execution may indicate the repayment of debt in a fixed amount or as a percentage of the employee's income.
In addition to the writ of execution, you are required to obtain an account number for transferring the debt, a statement from the debtor and a photocopy of the writ of execution. The original will remain with the defendant, you must leave a photocopy for yourself, but first familiarize yourself with the original.
You also have the right to make deductions from the employee's salary if the writ of execution is presented by the plaintiff, and not by the employee himself. You must obtain from the claimant a photocopy of the writ of execution and a statement of payment in his favor. In this case, you need to familiarize yourself with the passport of the applied citizen.
You can transfer funds in flat or percentage terms to the claimant's passbook or post office number. In accordance with article 138 of the Labor Code of the Russian Federation, you cannot withhold from an employee more than 50% of the amount of income, if the case of withholding is not exclusive. In exceptional cases, the deduction amount can be 70%. These cases include: alimony arrears, recovery of damages for serious injuries or for a crime that resulted in the loss of a breadwinner. In the case of deductions at the place of work, only payments related to alimony arrears can be attributed, since all other exceptions are criminal offenses when the defendant makes payments from a correctional labor colony.
If an employee leaves your organization, you must notify the district bailiff service within 7 business days of the defendant's dismissal.
