If you violated the law and must appear in court on time, repay the loan, repay the debt, but not only do not want to do this, but also hide in your home or, for example, at work, then this will not be your salvation. Sooner or later, strong tall guys in black uniforms with shoulder straps and the inscription FSSP - Federal Bailiff Service will come anyway. If, of course, they have the right to do so.
Who is a bailiff?
Previously, they were called "the sovereign's people." In modern language, bailiffs are officials entrusted with the enforcement of court decisions on the return of debts to the state or people; those who are forced to communicate with hard-core debtors face to face.
Right to look in the corners
Contrary to the opinion of ordinary people, bailiffs do not have very many real rights, and all of them are fixed in the law. Heading for the execution of a court decision, the bailiffs, in particular, have the right:
1. To come to apartments, houses or other premises where debtors live, work or hide. Open, if necessary, locked doors, inspect even secret places.
2. Check the passports of everyone who is with the debtor in an apartment or other room.
3. Invite, if necessary, police officers and employees of other law enforcement agencies. For example, if there may be weapons, explosives, drugs or hostages in the room.
4. To seize money in the amount indicated in the writ of execution.
5. Arrest property and valuables. But, of course, not everything, but only what is indicated in the court decision and can cover the debt or part of it.
6. When resisting, use physical force, special means and weapons.
7. To declare the debtor, if he escaped and is hiding, on the wanted list.
The bailiffs cannot take objects without which a person cannot live. These are clothes, shoes, food, something on which he constantly works, an apartment, if there is no other, as well as a special car or a chair in the case when the debtor is disabled.
Useful Tips
The bailiff has the right to come to an apartment, organization or bank only from 6 am to 10 pm. And only in those cases if the debtor does not have permission to defer payments, or he has not already begun to pay off his debt.
If the debtor does not live alone, then he must inform the bailiff about this and documentarily prove the rights of a family member or another person to his part of the property.
So that during the bailiff's stay in the apartment and, especially, after his departure, unnecessary and non-withdrawable things do not "go away", be sure to study the inventory protocol and keep a copy of it.
Can you molest other people?
The answer in this case will be yes. "Public" activities of a bailiff are permitted in several specially stipulated cases:
1. When initiating a case on an administrative offense and carrying out any actions within its framework.
2. When checking the execution by an organization or a citizen of a court decision.
3. When the debtor's bank deposits are seized.
Until 2009, bailiffs could claim part of the seized property. There was a provision that if the debtor did not comply with the court decision within five days, then a 7% fine was imposed on him, and five of them went to the bailiffs.
Court guard
The bailiff and the municipal court are practically inseparable concepts. As, for example, the right and left banks of one river. And the range of duties of a bailiff is very wide. In particular, he got the opportunity to:
1. If it is necessary to bring the debtor to court, do it against the will of the offender.
2. Guard the courthouse. This includes checking documents and bags entering the building, and at the slightest suspicion, a search (in the language of law enforcement officials, this is called "carry out a body search").
3. To bring to court those who do not want to appear there voluntarily, on a subpoena. And when resisting, use physical force, special means and even weapons.
