How to put a child support debtor on the wanted list: a sample application to the FSSP

How is the search for alimony debtors carried out?

It happens that for some reason the debtor did not receive a settlement order.
Then he can personally contact the bailiff and familiarize himself with all the documents on the enforcement proceedings. How to save, spend less and earn more

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Each bailiff department has visiting days. These days, creditors and debtors come to get information about the progress of proceedings, view or provide documents, and give explanations.

To find out when and where to come, use the “Department Determination” service on the website of the Federal Bailiff Service - FSSP. You need to indicate the city and street where the debtor lives, and the system will show which department of bailiffs he belongs to and when they are waiting for a visit.

This is what the debt settlement resolution looks like. If the bailiffs do not have information about the debtor’s place of work and his income, then it is considered that he receives an average monthly salary according to Rosstat

There are 2 types of debt - alimony itself and a penalty for non-payment.

The recipient and the payer of alimony have the right to agree and enter into an agreement on the procedure and amount of payment. Such an agreement must be certified by a notary and has the force of an executive document. This means that if the alimony payer violates the obligations, the recipient will not need to go to court. It is enough to take the agreement to the bailiffs, they will calculate the debt and begin to collect it.

If the court order is canceled or when the case cannot be considered in the order of judicial proceedings - for example, paternity needs to be established at the same time - the recipient of alimony applies to the court with a statement of claim. Then a meeting is scheduled, the judge calls and listens to the parties, and makes a decision. If the recipient of alimony wins the dispute, he receives a writ of execution after the decision comes into force.

The penalty is collected only if the debt arose through the fault of the alimony payer. To obtain the right to a penalty, the recipient of alimony must apply to the magistrate with a statement of claim. The judge will check whether the debtor had valid reasons and make a decision.

When there is an agreement on the payment of alimony, the penalty is determined by its terms. If there is no agreement, a penalty is charged at the rate of 0.1% for each day of delay for each payment.

Child support arrears are also conventionally divided into intentional and those that arose through no fault of the debtor.

These reasons may or may not be considered valid, at the discretion of the court. Good reasons indicate that the debtor is not at fault. They allow you to write off alimony debt, avoid penalties, administrative and criminal penalties. But none of the reasons guarantees success - each case is considered by the judge individually, taking into account all the nuances.

For malicious evasion of child support payments, the debtor may be deprived of parental rights through the court. They will take away your rights, but leave the obligation to support the child - you will still have to pay child support.

The execution fee will be assessed separately for each late payment. The debtor did not pay child support for April, May and June. This means that he will receive not one, but three performance fees.

Bailiffs know many ways to ruin the life of a child support defaulter. This is what they do to get money.

When the debtor tries to travel abroad, he will not be released. It will not be possible to pay on the spot - the restriction will not be lifted immediately after the debt is closed, it will take from 10 to 14 days.

If there are no court documents, but only a notarial agreement, then the restriction is established through the court.

The bailiff draws up a report on the debtor and sends it to the judge, who makes a decision. The list of possible punishments includes compulsory work for up to 150 hours, administrative arrest for up to 15 days, or a fine of 20 thousand rubles.

The investigator checks the bailiff's report and documents related to enforcement proceedings. He looks at whether the debtor deliberately did not pay alimony or whether he had good reasons. If there are grounds, the investigator initiates a criminal case, investigates, draws up an indictment and submits it to the prosecutor. Then the court considers the case and makes a verdict.

The validity of any powers of attorney issued by the debtor will terminate automatically from the moment he is declared missing.

Missing does not mean dead

If a person is declared missing, this does not mean that he has died.
It exists somewhere, but where is unknown. His relatives do not enter into inheritance rights - for example, they cannot take over the property of a missing person. It is possible earlier - 6 months from the date of disappearance, if the person disappeared under circumstances that threatened his life. For example, the last time he was seen was running away from a bear.

Or the alimony payment was overdue because the debtor was serving a sentence in a colony. He was released, saw the alimony debt, was horrified and went to court. The judge will find out whether the debtor was involved in paid work in places of imprisonment, whether he refused to work, and what circumstances prevent him from paying the debt after release.

What to do if you stop paying

Sometimes a situation arises when at first the payer regularly transfers the due money, and then suddenly disappears without explanation. What should you do then?

You should contact the bailiff service at the defendant’s place of residence or work to find out the reason for stopping payments. The defendant is invited to a conversation, and usually payments begin to flow again.
It makes sense to apply for a job. It happens that the employer does not even know that an alimony payer is working for him, if he sends alimony payments on his own.
If the payer goes on the run, that is, the bailiffs cannot find him at his place of residence or place of work, you should write a statement to the police department to put the alimony debtor on the wanted list.
It is necessary to call all relatives and friends, or even better, visit them together with a police officer. Usually someone always knows something.

If the whereabouts of the debtor cannot be established, you need to write a corresponding statement to the bailiff service. However, the most they can do is send official requests to the payer’s place of work or service. The question of how to find the debtor is not within their competence. According to the law on operational-search activities, only a special police department can search for missing people.

Remember

Alimony is collected first. If you don't pay them on time, you can get a criminal record.
You can find out about alimony arrears from bailiffs, at the MFC and on the Internet. Fastest on the Internet.
If the debt arose due to the fault of the debtor, it will be possible to recover a penalty from him.
There are several ways to pay off your debt. The fastest way is through the “Data Bank of Enforcement Proceedings” service and on the government services website.
Bailiffs have a lot of leverage over alimony defaulters. If you do not pay alimony without good reason, the debtor may be brought to administrative and criminal liability.
If the debtor did not pay alimony for good reasons, and his financial situation does not allow him to pay off the arrears, the debt may be written off.

Civil servants are vested with a number of powers to search for citizens:

can receive information from data banks;
has the right to check passports when there is reason to suspect that a citizen is conspiring in order to avoid paying alimony;
may interview citizens
inspect property and premises;
are searching for means of transport.

The tactics and strategy of the events are determined by the chief bailiff.

Obligations must be fulfilled properly or you will have to bear responsibility for their violation. Administrative liability is determined for debtors - compulsory work, administrative arrest, fines.

Bailiffs also restrict the right to drive a vehicle and travel abroad in the event of debt formation.

Evasion of alimony payments, unfortunately, is not uncommon.

And some of them, in addition to alimony arrears, are also hiding from bailiffs. For this, they are put on the wanted list and tried to bring them to criminal responsibility for not fulfilling parental responsibilities. The purpose of the search is to establish the whereabouts of the debtor, his financial situation in order to bring him to justice and fulfill his child support obligations.

But if alimony debt arises, the search does not begin automatically; this requires your personal appeal.

Based on it, a claim proceeding is initiated, the mandatory measures of which are:

If the debtor makes contact, then the official of the FSSP service will bring to his attention the measures to bring him to justice for non-payment of alimony, as well as the collection procedure and consequences.
Sending a notification by the bailiff to the alimony payer at the declared or registered place of residence;

The search for the alimony debtor is carried out on the basis of Federal Law 229, Article 65. If the above conditions are not met and the defaulter cannot be found, then he is put on the wanted list. To do this, it is necessary that, if there is no result after carrying out enforcement measures and the possibility of finding the debtor, the judge approves the decision to begin search activities.

The search itself is carried out not only by the bailiff service, but also by employees of the internal affairs bodies. As we have already said, the search for an alimony defaulter begins after you submit the appropriate application to the bailiff service. The application is written in any form, but must have a certain structure and content.

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Read the rules for writing it:

We indicate all known information about the payer, as well as about persons who may know information about his location, information about property, last place of work, etc.;
Date, signature.
Full name of the bailiff who is handling your case;
Indicate what serves as the basis for collecting alimony - a writ of execution, a court order or an alimony agreement;
In the header we indicate the branch of the bailiff service, address;
On the red line, write the essence of the appeal to the FSSP - the formation of alimony debt, the duration, the amount of the debt;
State what you want to achieve by contacting the bailiff - to find the alimony payer and bring him to justice;
In the middle, the title of the document is “Application for searching for alimony payer”;
Applicant details – full name, residential address, telephone number;

The application is considered for three days, after which the bailiff issues a corresponding order to begin search activities. After you have submitted the application, it is registered, and a copy is sent to the last location of the defaulter.

The search for a defaulter of alimony payments is announced at his last place of residence or at the place of execution of the court order. The search for the alimony debtor is carried out by employees of the internal affairs bodies. Based on the information indicated, we conclude that in order to search for an individual who has refused to pay alimony, bailiffs can contact the police department at the request of the alimony claimant.

According to article number 157 of the Criminal Code of the Russian Federation, in order to bring the alimony defaulter to justice, the collector of the indicated payments must draw up a corresponding statement, which is sent to the bailiffs. The period for searching for an individual who does not comply with the mandatory payment of alimony payments imposed on him by law is not limited by the legal acts of the Russian Federation.

Powers of bailiffs and procedure

For 2021, the regulation of the rights and actions of FSSP employees is determined by the Federal Law “On Enforcement Proceedings”. Based on this act, the bailiff can:

Prohibit a citizen who has arrears of alimony from traveling to another country.
Temporarily revoke your driver's license. After repayment of the debt, the certificate is returned.
Seize accounts where money is stored, or describe and confiscate the property of an individual.
Put on the federal wanted list if it is unknown where the evader is located.
If the measures taken do not bring the desired result, the case may be referred to the prosecutor's office to bring him to criminal responsibility.

When searching for a debtor on your own, you can contact the tax office for information.
If there is a delay in paying alimony, the claimant must immediately submit an application to the FSSP so that enforcement proceedings can be initiated.

If the debtor disappears or hides, then it is necessary to seek help from the relevant authorities. First of all, it is necessary to check the place of residence of the person (actual and by registration); if the defaulter has a business, then you can visit the legal address of his company.

The primary actions of the bailiffs are:

Sending a written notification to the alimony provider about the existence of arrears.
An invitation to personally visit the FSSP department for a conversation.
Sending a certificate of the debt incurred and the need to liquidate it: to the employer, to the tax office and to the banks of which the citizen is a client.

If all these measures have no effect, then the bailiffs have every right to resort to more severe penalties.

The reasons for recognizing a defaulter as a malicious evader are:

Refusal to release funds.
Regular and increasing non-payment of alimony.
The total duration of the debt is more than 4 months in a row.
Falsification of financial statements.
Attempts to hide your place of work or move to a new place of residence, without warning the collector or bailiffs about this.

If there are signs of malicious evasion, then representatives of the government agency may request an order from the judge to transfer the case to the prosecutor's office.

Bailiffs are responsible for searching for debtors and collecting debts.

What happens if the alimony debtor is declared missing?

The service is called “providing information about debts within the framework of enforcement proceedings.” Before going to the MFC, call and find out if they provide this service.

When you need to find out the amount of debt, but its calculation is not required, you can use one of these methods.

Through the official website of the bailiffs. Bailiffs maintain a database of enforcement proceedings, which contains information on all debtors.

To find information about all the debtor’s proceedings, you will need his first and last name. But, unlike taxes, loans and utility payments, alimony debts do not have a separate designation in the database. Only the document on the basis of which the collection occurs is indicated there.

Therefore, it is sometimes necessary to determine whether it is alimony or something else by the method of elimination. Another clue - if the collection occurs on the basis of an agreement on alimony, in the column “details of the writ of execution” the “notarized agreement on the payment of alimony” will be indicated.

It happens that the bank hangs - then try again in a few minutes. The site also has 2 additional databases where the most malicious debt evaders are listed - “Register of search for enforcement proceedings” and “List of persons wanted on suspicion of committing a crime.” If the debtor has not paid alimony for a long time and is hiding from the bailiffs, he should look for himself in these lists.

We use the exclusion method.
The second and third lines are loan payments, and the first is a mysterious debt under a writ of execution without explanation. Perhaps this is alimony. Through government services. The government services portal allows you to check your debt with bailiffs in a few seconds. By default, the system will substitute your data, but you can replace it with someone else’s if you need to check another person. The debtor's last name, first name and date of birth will be required.

There is also no breakdown of alimony and other debts. All information is downloaded from the FSSP enforcement proceedings database.

By default, the public services service checks the account owner's debts. But you can change the data and check any other person

To find out the amount owed, enter your first and last name and date of birth. The application takes information from the same bailiff database. Therefore, when checking in different ways, the result will be the same.

The application "Data Bank of Enforcement Proceedings" allows you to check the presence of debt without looking up from social networks

In such a situation, all that remains is to contact the court, the prosecutor's office or a higher division of the FSSP with a complaint about the inaction of bailiffs.

The application for searching the debtor contains the following details:

Information about the applicant.
Department name, position and full name. bailiff in charge of production.
Information about the debtor.
Data from the writ of execution on the assignment of alimony obligations.
Grounds for the search (fact of evasion of alimony payment or lack of any information about the debtor).
Requirement to conduct search activities.
Other information relevant for the search (possible place of work or location of the citizen).
List of attached documents.
Signature of the claimant and date of filing the document.

The bailiff begins search activities only after the decision is issued. If the applicant disagrees with the decision of the bailiff, the former has the right to appeal the decision in court or appeal to higher authorities.

To find the defaulter, requests are sent to various authorities. The powers of bailiffs to collect information about the debtor are determined by the Federal Law “On Enforcement Proceedings”.

Requests are submitted to the following authorities:

FMS - about citizen registration.
Rosreestr - about the availability of real estate.
Traffic police, Gostekhnadzor - about the presence of movable property.
Banks and credit organizations - search for debtor accounts.
Pension Fund - obtaining information about a citizen’s place of work.

In addition to the authorized bodies, the bailiff visits the address where the defaulter last lived to interview neighbors. During search activities, relatives of the debtor are identified and interviewed, and information on social networks is reviewed.

To bring the defaulter to justice in accordance with Art. 157 of the Criminal Code of the Russian Federation, the claimant will need to submit an application demanding the initiation of a criminal case. Based on the demands of the collector, the bailiff contacts the police to search for the defaulter.

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In order to put the defaulter on the federal wanted list, employees of the internal affairs department initiate a criminal case against him. In the presented situation, the search will occur faster. This is due to the fact that in this case the wanted individual will be in the status of a suspect, not a debtor.

In order to thoroughly understand the above issues, the alimony collector needs to consult with experienced lawyers based on the issue presented.

Civil law, which consists of charging a penalty for each late payment day. The fine is 0.5% of the total debt.
Criminal, in accordance with the provisions of Art. 157 of the Criminal Code of the Russian Federation, which provides for the application of the following measures to defaulters:
assignment of compulsory work for up to 180 hours;
assignment of corrective labor for up to 12 months.

Criminal liability is imposed if the person performing alimony duties is classified as a persistent defaulter.

The following factors may be qualifying signs of “malice”:

the payer is wanted for reasons of evasion of alimony obligations;
does not pay child support for more than 4 months;
hides real income.

Malicious evasion of child support obligations may result in deprivation of parental rights.

surveys of acquaintances and relatives of the alimony provider;
inspection of residential and non-residential premises to which the defaulter is related;
sending requests to various government and banking organizations in order to obtain information about the whereabouts of the debtor (police authorities, pension fund of the Russian Federation, property registration authorities, customs, tax authorities, etc.);
dissemination of information about the search in the media;
other actions.

How to find out where the debtor works? For this purpose, FSSP employees send requests to interacting authorities. If the person is not officially employed, then most likely not. If the debtor works for labor, then through the tax service.

In addition, the FSSP employee sends a request to the department of internal affairs at the place of registration of the debtor, asking for assistance in finding him. If the search is not successful, the person may be put on the federal wanted list. And this is already criminal prosecution. Thus, the debtor will be wanted when trying to cross the state border or when contacting any government agency throughout the entire territory of Russia, and not within the administrative unit.

Based on the application received from the claimant to search for alimony, the bailiff must initiate the search. However, first of all, the bailiff needs to establish how justified the recipient’s demand is to find and bring to justice the unscrupulous defaulter. In accordance with the law, 3 days are given to make such a decision.

First of all, the bailiff can search for the property of the alimony debtor by submitting appropriate requests to the following authorities:

At the traffic police department.
To Rosreestr.
To a banking organization.

At the same time, contrary to existing opinion, there is no need to look for the defaulter himself. It is enough to establish the property mass that is owned by the defaulter in order to pay the debt to the parent living with the child using these funds.

Of course, the bailiff service officer also has other powers. He can also search for alimony debtor by submitting a corresponding request to other government services and bodies. For example, if the defendant for alimony has left for permanent residence in another city, then it is necessary to use the information that is in the database of the Federal Migration Service.

If, upon such a request, migration service employees provide registration information, then the person who is wanted will have to wait for unwanted guests.

Bringing the debtor to justice is possible on the basis of a statement written by the alimony collector to the bailiffs (Criminal Code of the Russian Federation, Art. 157). The period for searching for a citizen who fails to fulfill his obligations to pay alimony is not limited by law. But if the search is carried out for a long time, the bailiff may issue a decision to terminate the enforcement proceedings and return the writ of execution to the recoverer. This does not mean that the writ of execution cannot be re-submitted by the claimant.

Consultations with experienced alimony collection lawyers will help you understand these issues correctly. Their consultations will help resolve the issues of each of the interested parties with the least possible consequences for them and in the shortest possible time.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

In March 2021, the law “On recognizing alimony debtors as missing” was signed into law. Now families where the search for the debtor was unsuccessful will receive state support. Under the new law, judicial authorities will be able to make a decision to recognize a citizen as missing on the basis of evidence provided by the FSSP authorities.