What to do with a writ of execution when dismissing an employee?

Unpaid monetary obligations may be recovered from the debtor's salary. Bailiffs have this opportunity on the basis of Articles 98-102 of Chapter 11 of Law No. 229-FZ of October 2, 2007, which regulates the procedure for enforcement proceedings.

Corresponding deductions from income received by the obligated person are carried out monthly according to official writs of execution (documents). Debts on loans, alimony, compensation for damage, compensation for harm, and other obligations can be collected in a similar way. Compulsory measures to withhold funds from wages are prescribed by an appropriate court decision (act).

If the debtor resigns, his employer must ensure that all necessary deductions are finally made from the salary of the retiring employee who has obligations under the writ of execution. After this procedure, the corresponding executive document is sent to the authorized bailiff.

It should be clarified how such deductions are made when an obligated person is dismissed from work, what actions the employer takes in relation to the writ of execution after the termination of the employment relationship with the employee.

In what cases is a notification letter written?

Chapter 11 of Federal Law-229 provides for the obligation of the employer or persons paying wages to the debtor under a writ of execution to withhold part of the funds to pay off the debt.
The basis for this is a writ of execution or a court order, which can be transferred to an organization (IP) either by the collector (recipient of alimony) or by the bailiff. In this case, the obligation to send a letter to the bailiffs about the dismissal of an employee or a change of place of work or residence, Part 5 of Art. 95 FZ-229 is assigned to the debtor. It is he who must notify the collector or bailiff of new circumstances.

In practice this does not always happen. Moreover, a significant portion of debtors avoid payments in every possible way and do not comply with notification requirements. Because of this, the legislator duplicated the requirement to dismiss the debtor, imposing this obligation not only on the citizen-debtor, but also on the employer. A similar obligation is provided for in Part 3 of Art. 98 FZ-229.

Failure by the employer to comply with the requirement to return the writ of execution and notify the bailiff and the claimant about the dismissal of his alimony employee entails administrative liability under Part 1 of Art. 17.14 Code of Administrative Offenses of the Russian Federation.

What are the difficulties?

In fact, there is not much difference between the dismissal of an ordinary employee and a child support worker. From the point of view of documentation (orders, entries in the work book), everything is identical. But the main question remains: what should an accountant do? The confusion is due to the fact that after the dismissal of an employee, a writ of execution is left in hand, on the basis of which alimony is withheld.

The Family Code of the Russian Federation and other legislative acts state that the employer is responsible for calculating alimony. And if the amounts from wages are not withheld on time, then it is he who will bear responsibility, and not the alimony payer himself.

Of course, when an employee is fired, there is no longer any need to send money from his salary - after all, there is no income in the company. However, the employer also has other responsibilities. If, in the event of dismissal, the employer or accountant of the enterprise does not promptly submit a writ of execution to higher authorities, then this can result in serious consequences for several parties at once:

• the alimony recipient himself will automatically be considered a debtor, although at the time of payments he may not have a job or salary to pay alimony to the child;
• the company may be held administratively liable.

If the company wants to avoid any possible penalties, then the accountant must promptly notify the enforcement authorities of the dismissal. This is done in writing.

What happens to the document if an employee is fired?

A writ of execution is one of the types of enforcement documents; it is issued on the basis of a decision, ruling or court order. It contains data from the operative part:

• name of the judicial authority;
• case number;
• dates of the decision, issuance of the sheet, entry into force;
• the demands presented to the defendant (in this case, he is the employee);
• an excerpt from the decision (the text must strictly coincide with the court’s conclusions about the satisfaction of the claim in full or in part, and contain information about the procedure and amounts to be recovered);
• details of the parties to the case (full name, date and place of birth, registration address - details of an individual, full name of the organization, TIN, date of registration - details of a legal entity);
• document number and series.

A writ of execution is issued only by the court on the basis of an application for the issuance of this document. It can be sent to the bailiff department or handed over to the claimant, his representative by proxy, so that he can present it to the debtor’s employer for execution.

It is also necessary to provide an application containing the data of the claimant and, necessarily, bank details for transferring deductions.

Once the employer has received a writ of execution, you need to:

• notify the bailiff of receipt of the document (if notification was sent);
• register the writ of execution in a special journal for registration of such documents;
• ensure its safety.

upon dismissal of an employee, the employer is obliged to return the writ of execution with notes on what basis the execution was terminated, during what period it was carried out, and what amounts were collected.

This must be done no later than the working day following the day of dismissal. Within the same period, it is necessary to notify the bailiffs and the collector about the dismissal of the debtor, indicating the amount of deductions made.

What to follow when resigning?

When an employee at an enterprise, for whom the employer has a writ of execution for payment of alimony, decides to resign, he must carry out the dismissal procedure in accordance with several legislative acts:

1. Article 111 of the RF IC;
2. Article 5 of Federal Law No. 229-FZ.

They speak of the need to notify executive bodies of the dismissal of employees whose alimony is withheld from their salaries on the basis of:

• court decisions;
• notarized certification.

Interestingly, the law also stipulates the timing of such notification - no more than 3 working (not calendar) days. That is, if Friday is the employee’s last day of work, then the bailiffs must be informed of his dismissal no later than Wednesday, if Saturday and Sunday are days off.

How to fill out a writ of execution when dismissing a debtor employee

When dismissing a debtor employee, you must make a special mark on the writ of execution (a copy of it received from the bailiff). To do this, on the reverse side of the writ of execution, in a special line, indicate the following (clause 2, part 4, part 4.1, article 98 of the Law on Enforcement Proceedings):

• execution was completed due to the debtor changing his place of work;
• the amount collected.

If you have the original writ of execution received from the claimant, additionally indicate the period during which the writ of execution was in your possession (clause 1, part 4.1, article 98 of the Law on Enforcement Proceedings).

This mark must be certified by the seal of your organization (if any) and the signature of an accountant, which follows, in particular, from the Letter of the FSSP of Russia dated June 25, 2012 N 12/01-15257.

Available from 01/09/2021 to 04/05/2021. Executed in the amount of 90,000 (ninety thousand rubles) 35 kopecks. The execution was completed due to the debtor changing his place of work.

Is it necessary to keep a copy of the writ of execution closed upon dismissal of an employee?

No, such a requirement is not established by law, but we recommend doing so.

This way, in particular, you can confirm the legality of deductions from the wages of a dismissed employee in the event of claims on his part. If the dispute goes to court, you will have proof of the legality of your actions and will not have to ask the court for confirmation that the deductions were made according to a writ of execution.

We recommend keeping a copy of this document for at least two years. We believe that this period is optimal, since the employee has a year to go to court to collect wages (Part 2 of Article 392 of the Labor Code of the Russian Federation). In this case, the court may extend this period in accordance with Part 4 of Art. 392 Labor Code of the Russian Federation.

Where should the execution paper be returned?

When an employee quits, the employer is obliged to:

1. notify the bailiffs that collection of amounts under the writ of execution is impossible;
2. return the sheet to the bailiff department.

The writ of execution must be returned along with the application and a copy of the dismissal order. The application shall indicate:

1. the amount of penalties made;
2. the reason why further penalties are impossible (in this case, it is the dismissal of the employee);
3. information about the debtor’s new place of work, if such information is available.

Is it possible to fire a child support worker?

First, it should be said that paying child support is the obligation of the parent who does not live with the child. Moreover, such an employee will be considered a child support provider only when there is a court decision. A peaceful settlement of the issue completely relieves the employer of the obligation to withhold the amount of alimony payments and to warn anyone about the employee’s dismissal.

If the bailiffs contact the employer with a writ of execution, the latter must assume the responsibility for withholding alimony from wages.

By the way, recently changes were made to the legislation, according to which the indexation of alimony payments, if necessary, should also be carried out by the employer, and not by the bailiff, as before.

When there is an alimony worker at an enterprise, the manager may have a question: is it possible to fire such a person? Here we need to consider specific circumstances:

1. If an employee wants to resign of his own free will, no one can stop him. The only thing an employer can do is force them to work 2 weeks, and this is not always possible. Moreover, even the need to pay alimony cannot become an argument for refusing dismissal. The employee is free to decide whether to work or not. Even the court cannot force him to do this.
2. There are also no obstacles to dismissal by agreement of the parties.
3. If the employer wants to fire an employee, then the availability of alimony payments is not a priority right over other employees in the event of a layoff, nor is this an argument in the case of dismissal under other headings.

The main thing is to carry out the dismissal procedure correctly. And then you will be able to avoid fines and other misunderstandings.

When and how to return the writ of execution upon dismissal of a debtor employee?

Return the writ of execution (a copy of it) to the person from whom you received it. That is, the claimant needs to return the original writ of execution received from him, and the copy received from him to the bailiff. This must be done no later than the day following the day the employee is dismissed. Such conclusions follow from clause 2, part 4, part 4.1 of Art. 98 of the Law.

You can return this document in any way, the main thing is to record the date and the fact of return. For example, you can send by mail a valuable letter with a list of the attachment, indicating in it the details of the returned writ of execution. With this method of sending, a copy of the inventory, certified by a postal employee, is returned to you, which means you will have confirmation of the return of the document.

You can also invite the claimant to your place and hand over the writ of execution to him personally, or hand over a copy of the writ of execution to the branch of the FSSP of Russia, where the bailiff who sent you this document works.

In such a situation, we recommend that you draw up a free-form inventory of the acceptance and transfer of the document and ask the claimant to put in it: his signature on receipt of the writ of execution, and the employee of the Federal Bailiff Service of Russia - a note on receipt of a copy of the writ of execution.

When do you need to return the writ of execution to the bailiffs?

Article 46 of Federal Law No. 229 provides for the procedure for returning a writ of execution to bailiffs. According to the law, the employer is obliged to return the writ of execution to the bailiff service in the following cases:

• dismissal of the debtor from his place of work;
• death of the defendant;
• full satisfaction of claims;
• inability to locate the defendant;
• termination of collections based on the request of the plaintiff (recipient of funds).

Below we will describe in detail the procedure for returning a writ of execution for each of the above cases.

Who and in what cases must notify the bailiffs about the debtor’s dismissal?

The most common case is when the bailiff is informed about the dismissal of the alimony debtor. In addition to alimony, there are other cases, in other cases, when it is necessary to file an appeal for the collection of wages and repayment of debts. In these situations, a special resolution must be sent to the debtor's employer.

An employer can dismiss a debtor for various reasons, and when this happens, it is necessary to send a notification to the FSSP within three days that this has happened.

Dismissal procedure

Dismissal is carried out according to the procedure described below.

Running a procedure

If a subordinate breaks off relations with the organization on his own initiative, then he must independently write a statement, which is then signed by the manager.

If the decision is made by the employer, then he needs to notify the employee about it in writing using the appropriate document.

Order of dismissal

The dismissal order is drawn up in accordance with the generally accepted form No. T-8. This document can be drawn up by an employee of the personnel department, who then passes it to the head of the company, the latter puts his signature there. The order can be issued on the final day of work of the person in respect of whom it is issued. In small enterprises, this document is written by the manager himself. Next, the employee gets acquainted with the paper and signs it.

Additionally

The order is issued directly on the day when the dismissed person leaves the enterprise, but earlier exit is also allowed.

Entry in personal file and work book

It is required to indicate in these documents the fact that the employment relationship between the employee and the organization is completed. Next, the personal file is sent to the archive, and the work book is issued to the employee himself.

Payment of funds due

The availability of payments and benefits due to a resigning employee is determined by the basis on which his relationship with the enterprise was terminated.

The company must pay the employee all outstanding wages. If he has unpaid leave, monetary compensation is also provided for it.

Attention

Wages and vacation compensation are paid for any reason for dismissal.

It has been established that it is required to accrue severance pay to the employee if the reason for dismissal is the liquidation of the enterprise itself or the reduction of its staff, in which case the employee is also entitled to severance pay.

In some other cases, two weeks' earnings are provided, in particular:

• refusal to transfer to another position due to medical reasons or to move to another region with the company;
• conscription into the army;
• when reinstating another employee to this position, whose dismissal was declared illegal;
• inability to work for medical reasons.

If the contract is terminated for other reasons, the legal entity does not have the obligation to accrue benefits to the former employee. This applies to cases of leaving at one’s own request and with the consent of the parties.

Attention

At the same time, alimony is withheld from these payments exclusively for children under 18 years of age. Adult children with disabilities, like the wife herself, do not have to pay from this amount.

Delivery of documents

The final stage of dismissal is the return of papers to the employee leaving the company, including:

• his work record;
• certificates of earnings for a given year and the previous two;
• information about the amount of payments according to the RSV-1 form;
• personal income tax certificate-2.

What to send to bailiffs when terminating an employment contract with an alimony provider

The procedure for collecting alimony payments is regulated not only by Art. 98 of the law on enforcement proceedings, but also Ch. 17 of the Family Code of the Russian Federation (hereinafter referred to as the Code). By virtue of Art. 109 of the Code, the employer must withhold funds on the basis of:

• alimony payment agreement certified by a notary;
• IL.

Read about the rules for calculating alimony in our article “Calculation of alimony from wages.”

More complete information on the topic can be found in ConsultantPlus. Full and free access to the system for 2 days.

Clause 1 Art. 111 of the Code establishes the employer’s obligation to inform the bailiff and the person receiving alimony payments about the termination of the employment contract with the alimony-paying employee. The question often arises about what else to send to the bailiffs when dismissing the alimony worker?

The answer to this question is contained in clause 4.1 of Art. 98 of the law on enforcement proceedings. No later than the next day after the dismissal of the alimony employee, the IL must be returned to the bailiff indicating the amount collected.

The notarial agreement submitted by the recipient of the alimony must be returned to this person with a note about the period the agreement was in this organization and the amount of money paid.

How to inform the recipient of alimony and the bailiff about the dismissal of the alimony worker

Compose a notice of dismissal of an employee who is obligated to pay alimony in any form, since there is no normatively established one. Please include your full name. the employee, information that he has been fired and, if you know, his new place of work and place of residence (Clause 1 of Article 111 of the RF IC). We also recommend that you indicate the details of the writ of execution on the basis of which alimony was collected from the employee, and if you do not know the new place of work (residence) of the dismissed employee, make a reservation about this.

Attention: there is an opinion that in such a message it is necessary to indicate the basis for dismissal (article). We recommend not to do this, since this goes beyond the scope of paragraph 1 of Art. 111 IC RF. This means that it can be regarded as a violation of the procedure for processing personal data and entail, for example, administrative liability under Part 2 of Art. 13.11 Code of Administrative Offenses of the Russian Federation.

In accordance with paragraph 1 of Art. 111 of the Family Code of the Russian Federation, we inform you about the dismissal of Yuri Pavlovich Krikunov (dismissal order dated 04/05/2021 N 131-k), from whose wages alimony for minor children was collected on the basis of the Supreme Court writ of execution N 111367485, issued by the magistrate of court district N 156 r- on Khoroshevo-Mnevniki in Moscow.

New place of work and place of residence of Krikunov Yu.P. unknown.

Such a message must be sent directly to the recipient of the alimony within three days after the day the alimony provider is dismissed. And if the bailiff sent you a copy of the writ of execution, then also to him - that is, there may be two addressees. Such conclusions follow from paragraph 1 of Art. 111 RF IC, part 4.1 art. 98 of the Law on Enforcement Proceedings.

The recommendations for sending this message are the same as for returning the writ of execution - it doesn’t matter in what way, it is important to record the date and fact of sending.

Risks associated with the dismissal of a debtor employee

In this case, in particular, the following risks are possible:

• administrative liability under Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation for the loss or untimely sending of a writ of execution - for an organization this is a fine of 50,000 to 100,000 rubles;
• administrative liability under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation for failure to inform (untimely communication) upon dismissal of an employee who pays alimony to the bailiff about his new place of work (residence) (if they are known to you), taking into account clause 1 of Art. 111 of the RF IC - for an organization this is a fine of 3,000 to 5,000 rubles.

Attention: there is an opinion that for failure to send the specified message, the bailiff faces liability under Part 3 of Art. 17.14 Code of Administrative Offenses of the Russian Federation, and not under Art. 19.7 Code of Administrative Offenses of the Russian Federation. However, Part 3 of Art. 17.14 of the Code of Administrative Offenses of the Russian Federation does not provide for liability for this. This means, in our opinion, you can challenge the prosecution if you are held accountable under this rule.

Contradictions in the timing of notification of the dismissal of an employee and the return of the writ of execution for alimony

Notification of the dismissal of an employee to the bailiffs by virtue of clause 1 of Art. 111 of the Code must be sent within 3 days from the date of termination of the employment contract with the alimony provider, while the IL must be returned to the bailiff no later than the next day after termination of the contract. At first glance, it seems that there are no contradictions, since we are talking about 2 different actions.

However, on the other hand, by virtue of sub. 2 clause 4 art. 98 of the Law on Enforcement Proceedings, a change of place of work is grounds for termination of the execution of the executive document; therefore, when returning the IL, it is necessary to indicate the reason for this action. Therefore, in order to avoid claims from the bailiff, it is recommended to send the notice of termination of the employment contract and the writ of execution for alimony upon dismissal of the employee to the bailiff at the same time. This must be done the next day after the termination of the employment contract with the employee.

Failure to fulfill the obligation to notify the bailiff of the debtor's dismissal entails administrative liability under Art. 19.7 of the Code of the Russian Federation on Administrative Offenses (CAO). Those found guilty face a warning or a fine of up to RUB 5,000.

Untimely return of IL is punishable by a fine (clause 3 of Article 17.14 of the Administrative Code):

• 15,000–20,000 rub. for entrepreneurs and directors of organizations;
• 50,000–100,000 rub. for organizations.

Who should the accountant notify?

The employer is obliged not only to make timely deductions from the salary of the alimony worker according to the writ of execution. In case of dismissal, he must notify the following persons within 3 days:

1. executive bodies;
2. the second parent receiving child support from a company employee.

Additionally, the employer must provide information about the new place of work of his employee, if this information is known to him. Moreover, if the alimony provider has already found a new company, he has no right to hide this fact and place of work. He must inform both his ex-spouse and the bailiff about this.

What to do with a writ of execution that arrived after the dismissal of an employee

When the organization receives a writ of execution (copy) after the dismissal of an employee, the employer must return it to the sender (bailiff or claimant) no later than the day following the day of receipt, and also send a notice of the impossibility of collecting funds in connection with the dismissal of the employee.

A writ of execution on the collection of periodic payments, on the collection of funds not exceeding 100 thousand rubles in the amount, can be sent to the organization or other person paying the debtor wages, pensions, scholarships and other periodic payments, directly by the collector (Part 1 Article 9 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings” (hereinafter referred to as Law No. 229-FZ)).

The bailiff forecloses on the wages and other income of the debtor-citizen in the following cases (Part 1 of Article 98 of Law No. 229-FZ):

– execution of enforcement documents containing requirements for the collection of periodic payments;

– collection of an amount not exceeding 10 thousand rubles;

– lack or insufficiency of the debtor’s funds and other property to fulfill the requirements of the writ of execution in full.

What deadlines do you need to meet?

The notice period after dismissal may vary. Depends on the nature of the obligations for which the debt was collected. For general property obligations, no deadline has been established. In Part 4 of Art. 98 FZ-229 there is only an indication that the ID is subject to immediate return.

More precisely, the terms of return are established in relation to debtors from whom alimony is being collected. The return period for IL is established by Part 1 of Art. 111 of the Family Code - no later than 3 days from the date of dismissal.

Notifying the bailiff that the employee does not work at the place where the writ of execution was received

If the debtor is not employed in any way by the company to whose address the writ of execution was sent, you need to draw up a response for the bailiff and send it along with all the documents received from the bailiff. The response to the bailiff must contain information about the debtor such as:

1. FULL NAME;
2. previous position;
3. date of preparation and number of the writ of execution.

It is also necessary to indicate the address of the organization to which the response is sent.

Return of the writ of execution to the bailiffs after fulfillment of the requirements

In general, the return of the writ of execution to the bailiffs is made upon the defendant’s fulfillment of all the requirements stipulated by the writ of execution. Let's consider typical cases:

1. The defendant repaid the amount owed. Let us assume that, on the basis of a writ of execution, the employer made penalties for compensation for damage caused, while the amount of compensation in the document is indicated in a fixed monetary amount. In this case, the organization returns the writ of execution upon full repayment of the debt.
2. The collection period has been terminated . In general, the employer withholds child support until the child turns 18 years old. If the text of the writ of execution contains this wording of the retention order, then upon the child’s 18th birthday, the plaintiff’s demands are considered fulfilled, which means the employer can return the writ of execution to the bailiff.

Deadline for returning the writ of execution to bailiffs

Based on the provisions of the RF IC, the employer is obliged to return the writ of execution to the bailiffs before the expiration of 3 days from the moment the payer fully repays the claims. This procedure is provided for by the Family Code in case of collection of alimony.

If, after deducting amounts from the employee’s salary for other reasons (tax arrears, compensation for damage caused, etc.), the claimant’s requirements are met, then the return of the writ of execution is made in accordance with the procedure provided for in Art. 46 FZ-226.

Since the federal law does not contain clear requirements for the employer regarding the return of the writ of execution, in this case it is customary to adhere to the general procedure, that is, to make the return within 3 days from the date of repayment of the claims.

How to return a writ of execution after fulfillment of claims: step-by-step instructions

Below are step-by-step instructions that will help the employer process the return of the writ of execution to the bailiffs based on the payer’s fulfillment of the claim’s obligations.

Step 1. Full repayment of claims

Before returning the writ of execution, the employer must make sure that the claims under the document are fully satisfied. To do this, you must carefully study the terms of collection:

1. When collecting alimony, obligations are considered fulfilled when the child reaches 18 years of age, provided that deductions are not renewed when the child enters a university (in this case, the payment can be extended until the child reaches 24 years of age).
2. If the employer collects funds in a fixed amount, then the requirements under the writ of execution are considered fulfilled in connection with the full payment of the claim (if the document indicates the total amount of recovery) or upon the occurrence of an event that terminates the period of collection (in accordance with the requirements of the writ of execution) .

Step-2. Registration of an inscription on the repayment of claims

Before sending the writ of execution to the bailiffs, the document must be drawn up in the appropriate manner. The employer must supplement the writ of execution with an inscription on the fulfillment of obligations in the following form:

“Collections on the basis of the writ of execution No.___ dated ___“_____”_____were made in full.

The debtor's obligations under this document have been repaid in full in ___ “_____”_____year.

Chief accountant of Monolit LLC /signature/ Shitova S.V.”

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

If the employer collected the debt in a fixed amount (the final amount of deductions is indicated in the writ of execution), then the covering letter should be supplemented with information about the full amount of deductions:

“Collections on the basis of writ of execution No.___ dated ___ “_____”_____ in the amount of _________ rubles. ___kop. produced in full."

The covering letter must be drawn up on the back of the writ of execution. The inscription is considered valid after it is signed by the responsible official (for example, the chief accountant) and affixed with the seal of the organization.

Step-3. Return of the writ of execution to bailiffs

The employer has the right to return the writ of execution to the bailiffs in any form convenient for him:

• send by mail, filling out a letter with notification and a list of the attachments;
• take it personally to the bailiff service.

Please note that the return of the writ of execution is made exclusively to the FSSP from which the deduction document was received.

When sending the document to the employer, a 3-day deadline must be observed from the date of repayment of the debt.

Let's look at an example . On 08/06/2020, the accountant of Zlatoust LLC withheld from the salary of Kondratyev’s employee the last amount of compensation for compensation for material damage caused.

Before 08.08.2020, the accountant is obliged to submit the writ of execution to the FSSP, having previously completed the document with the following inscription:

“Collections based on writ of execution No. 143/88-15 dated April 15, 2021 were made in full.

The debtor's obligations under this document are in the amount of 124,350 rubles. 23 kopecks repaid in full on August 6, 2021.

Chief accountant of Zlatoust LLC /signature/ Kurochkina S.N.”

Return of the claim with a covering letter

It is possible that an organization has received a writ of execution against an employee who has already resigned. In this case, it is necessary to return the writ of execution to the bailiffs, attaching a cover letter in any form. It must contain information about the basis for the debtor’s dismissal (with reference to the order), information about the amounts of deductions and the collection period.

The letter is signed by the chief accountant and general director of the organization; if there is a seal of the organization, its imprint is affixed. It is best to record such (if there is one), and also keep documentary evidence of the return (a list of attachments if the document was sent by registered mail).

The procedure for dismissing an employee against whom penalties were imposed under a writ of execution is quite complex and requires maximum care and professionalism of the accountant and the organization’s personnel. We hope that the detailed description will help you not to encounter difficulties and make mistakes when working.

What is a mark on the collections made?

On the returned writ of execution, the employer must indicate information about the penalties made from the employee (Part 4 of Article 98 of the Law of October 2, 2007 N 229-FZ). According to the FSSP, these are:

• amount of deductions;
• total amount withheld;
• numbers of payment orders;
• dates of transfers;
• balance of debt.

In this case, the information must be certified by the signature of the performer and the seal of the organization, if available (Letter of the FSSP dated 06.25.2012 N 12/01-15257, clause 10 of Section II of Appendix No. 1 to the Methodological Recommendations, approved by the FSSP 06/19/2012 N 01-16 ).

The law obliges the employer to return to the bailiffs the writ of execution issued to the employee upon his dismissal. But this procedure is not regulated in detail. Let's consider what schemes for returning a sheet to the FSSP may be in practice.

Letter to representatives of the FSSP stating that the debtor resigned

In accordance with sub. 2 clause 4.1 in case of dismissal of the debtor, the employer is obliged to send to the bailiff:

• a copy of the writ of execution with a note indicating the reason for the end of execution of the document;
• and the amount that was withheld for the entire time the employee worked in a particular organization.

Thus, the covering letter to the bailiffs is an official document that is sent to the FSSP after the termination of the employment contract with the debtor, complete with a writ of execution. An order for the dismissal of a specific employee must also be attached here.

In case of failure to comply with the notification procedure, the employer may be fined:

• for citizens - from 2,000 to 2,500 rubles;
• for officials - director, head of the personnel department - from 15,000 to 20,000 rubles;
• for legal entities - from 50,000 to 100,000 rubles.

Such amounts are specified in Part 3 of Art. 17.14 Code of Administrative Offenses of the Russian Federation.

When is it compiled?

A covering letter to bailiffs is drawn up upon the dismissal of an employee from whose wages deductions were made on the basis of a writ of execution. It could be:

• payment of alimony;
• repayment of debt to the bank;
• compensation for damage caused to another person;
• fines;
• other types of deductions.

In this case, the main reason for sending a covering letter, including the papers attached to it, is the termination of the execution of the writ of execution. It is also worth emphasizing that the bailiffs must be notified of this event not only when the debtor is dismissed, but also in a number of other situations (for example, when transferring money in full, in connection with the filing of an application by the debtor, etc.).

What is the purpose of writing a letter?

The responsibilities of each employer include tracking all citizens working in its production and are required to make regular cash deductions based on the following documents:

• Performance list.
• Court order.
• Notarized agreement on payments (most often these are alimony benefits).

The accounting department of the enterprise where such an employee is registered is obliged to regularly withhold from the income received from work a certain amount, which is indicated in the documents provided.

If the employment contract between the employer and the employee from whom the money is withheld is terminated, then the employer is required to respond to the bailiff’s decision that the person no longer works at this enterprise.

If the employer has received a notice with a court decision to open enforcement proceedings against any of the employees, then its further steps should be as follows:

• If a notice was attached to the writ of execution from the bailiff, then you should report on its receipt. The message can be composed in any form.
• It is advisable to register the received document in a special journal and appoint a person who will be responsible for its storage, since the loss of such papers is fraught with a fine.

Return of the document is also provided in the following situations:

• If the employee for whom it was written was long dismissed at the time of receipt. In this case, it is necessary to attach a covering letter - a response to the bailiff stating that the debtor does not work in this organization.
• All monetary obligations stated in the sheet have been fulfilled.

Notification of the debtor about the dismissal of the debtor

In the legislative framework of the Russian Federation there is no mention of the form of notification to the debt collector that the executor of the court decision no longer works in this organization, which means you can write a letter in a free conversational form. You need to indicate for what reasons payments from the salary of a former employee of the company will not be transferred to the account of the debtor and information known to you about the current location and employment of the debtor. You can also add formal data such as the number of the writ of execution, etc.

Example letter:

“Dear Petrov Petr Petrovich, the accounting department of the Organization LLC organization informs you that citizen Ivan Ivanovich Ivanov is no longer our employee, and therefore payments to repay the debt will no longer be transferred for you from the organization’s account. At the moment, we know that Ivan Ivanovich is officially employed at, where you can contact with questions that interest you.”

Documentation for returning writs of execution

If there are grounds for terminating the collection procedure from the debtor, then you need to collect a whole set of documents, which cannot be avoided. They are sent through postal services, the main addressee being the relevant government service. Its employees are always ready to explain how to answer the bailiffs that the debtor does not work for the organization.

Departure is carried out for:

An application from the employer is drawn up using a free form. There is no regulated form, therefore the option of using letterhead is allowed. The appeal includes all contact information that, if necessary, will help contact interested participants in the process.

The employer can report a new job if it is known for sure. Such information is also included in the covering letter to the bailiffs upon dismissal of the debtor.

How to write correctly?

The current legislation does not have any requirements or rules for writing a cover letter to bailiffs. There is also no single example of such a document.

It is drawn up in any form on A4 paper. It can be prepared on the letterhead of an organization acting as an employer.

The standard structure of a cover letter for the dismissal of a debtor is represented by the following points:

1. “Head” of the document - here the details of the employing company (name, location) and information about the addressee are indicated, that is, the full name of the territorial branch of the FSSP and its address.
2. Registration data - the number and date of registration of the letter in the company’s outgoing correspondence.
3. Title of the document - the following wording can be used here: “Notice of dismissal of the alimony payer.”
4. Content part — this section should consistently contain the following information:
   Full name of the debtor;
5. the position he held in the organization;
6. details of the writ of execution on the basis of which deductions from wages were made (number and date, name of the judicial authority);
7. reason for dismissal;
8. the day until which the deductions were made, and a note indicating the absence of uncollected debt;
9. message about the return of the writ of execution.
10. At the end of the document there must be signatures (of the manager and chief accountant), as well as the seal of the organization.

How to send a message?

The notice is printed on a computer on company letterhead (if available). Sheet format A-4.

The legislation does not establish specific forms of such a document.

However, the notification must contain the following information:

Notification header:

• on whose behalf the document is written;
• to whose address the notification is sent;
• Company name;
• title of the document and what it is about.

Contents include:

• FULL NAME. and data of the debtor;
• the fact of dismissal of an employee with a specific date (specify the reasons);
• details of the writ of execution and the date of its execution;
• the period during which deductions were made from the employee;
• if there is debt, then the reasons for its occurrence;
• list of attached documentation.

The final part of the document includes: signatures of the chief accountant and the head of the company, seal, date of preparation.

In addition to the notification the following is attached:

• writ of execution with a note about the amounts withheld and transferred to the recipient;
• a copy of the dismissal order;
• if information about the employee’s new place of work is known.

The structure of the document may be different, the main thing is to reflect all the necessary information about who the debtor is, what amounts are withheld from him and the amount of the remaining debt.

Based on this data, the bailiff will issue the following writ of execution for the new employing organization.

The notice is an official document. Therefore, it is not allowed to make mistakes or typos, or to indicate false information.

Methods for sending a writ of execution and notification

The current legislation does not contain instructions on specific ways to fulfill the employer’s obligation to return the writ of execution (copy). Accordingly, you can return this document in any way, recording the date and the fact of return.

The employer can return the writ of execution (copy) together with the notice by mail, sending them by registered mail with return receipt requested to the addressee. In this case, an inventory of documents must be compiled at the post office, which is certified by the date the letter was sent (clause 6.1.1.1 of the Procedure for the acceptance and delivery of internal registered mail (edition No. 2), approved by Order of the Federal State Unitary Enterprise “Russian Post” dated 03/07/2021 N 98- P).

In addition, the employer can return the writ of execution personally to the claimant or submit a copy of the writ of execution to the branch of the Federal Bailiff Service of Russia, where the bailiff who sent this document to the employer works. In this case, you should draw up a free-form inventory of the acceptance and transfer of documents and ask the claimant to put a signature in it indicating receipt of the writ of execution, and the bailiff to mark the receipt of a copy of the writ of execution.

If the organization keeps a log of writs of execution, then it is necessary to record in writing the fact of the return of the writ of execution. The journal form for recording executive documents is developed by the employer independently.

The obligation to notify will be considered fulfilled if the addressee does not receive the correspondence due to reasons beyond the control of the sender.

Note!

For untimely dispatch of a writ of execution, the employing organization and its official may be brought to administrative liability under Part 3 of Art. 17.14 Code of Administrative Offenses of the Russian Federation.

Notice deadlines

If the employee is a debtor for alimony, the Family Code stipulates that the employer is obliged to notify the bailiffs within a period not exceeding three working days from the date of dismissal. Weekends and holidays for sending letters are not taken into account in this case.

For other types of obligations, federal legislation does not establish clear time limits for sending a letter to the bailiff department about the dismissal of an employee. However, Part 4 of Article 98 of Law No. 229-FZ requires the employer to immediately notify the FSSP of the dismissal of the debtor employee. When dismissing a debtor, lawyers recommend sending a letter to the bailiffs either on the same day or immediately the next day after the order is issued.

Procedure

First of all, the employer must properly formalize the dismissal: draw up an order, inform the employee about the dismissal, make an entry in the work book and make compensation payments, if any. After an employee is fired, it is necessary to promptly draw up and send notices of dismissal to the bailiffs and the alimony recipient. Additionally, the executive body must be given a writ of execution.

Actually, there shouldn’t be any difficulties with sending the writ of execution. But not every accountant knows how to draw up a notice of dismissal of an alimony provider. By the way, in many enterprises the corresponding job responsibilities lie entirely with the HR specialist.

Notification form and details

The notification has an application form. Moreover, it must be filled out according to the form and sample, otherwise the bailiffs may refuse to accept the document altogether. So, the document must contain the following details:

• a header indicating who the sender and recipient of the notification are;
• document details – date and number;
• title of the notification;
• complete information on dismissal (who was fired and under what article, on what date, what is known about the new place of work and last place of residence);
• an indication that all payments under a specific writ of execution (with details) until the moment of dismissal were made by the employer;
• list of attachments (for bailiffs it includes a writ of execution and a copy of the dismissal order);
• signature of the head of the organization with a transcript.

After drawing up the notification, it is mandatory to put a stamp on it. An exception is situations where the employer may not have a seal (for example, he is an individual entrepreneur).

The notice to the ex-spouse follows almost the same format. Only the recipient will no longer be the executive body, but the recipient of alimony. She has every right to know when and why her ex-husband was fired. Indeed, as a result of this, she may stop receiving alimony until the bailiffs find out her new place of work.

What to do with a writ of execution in accounting?

Sometimes it happens that the debtor has not been an employee of the organization for quite a long time, but the bailiff does not have the necessary information and still sends a writ of execution to the legal address of the former employer with a request to withdraw some part of the salary of the executor of the judgment. In this case, there is no need to worry, because the organization and its employees will not suffer any financial losses if they send a response to the bailiff’s request in a timely manner and return all received documents.

Subsequent proceedings with documents, a decision that the person does not work and the search for ways to collect the debt is already the job of the bailiffs. But you will greatly help the investigation if in your answer you also indicate information known to you about the current or last place of employment of the debtor known to you.

If an employee is still employed in this company, but for some reason does not receive wages, the executive officer should also be notified about this. An administrative penalty for failure to prepare a response may be a monetary fine.

Child's rights

Dismissal or unemployed status does not give the father or mother the right to evade paying child support contributions in favor of the child.

Payments are withheld by employers:

• from wages in accordance with the amounts of payments specified in the writ of execution;
• due to compensation for vacation days not yet used.

With official unemployed status and a corresponding court order:

• from the amount of benefits paid by the state as an unemployed person.

The documents received from the accounting department are transferred by the bailiffs to the new place of work of the alimony worker. If a voluntary agreement was concluded with a notary, it is transferred to the new place of work by the recipient himself.

Who notifies the recipient of alimony? This responsibility also falls on the employer's accounting department. The second registered letter also contains a notice drawn up in free form, an order of dismissal and a copy of the writ of execution.

What if the company does not have the address of the alimony recipient? In this situation, the second package of documents is also transferred to the bailiff service, after which its employees contact the recipient of the payments.

Since the letter indicates the amount of the employee’s income and the percentage of alimony withheld from him, it is important to understand exactly what cash receipts are included in. The norms of Russian legislation determine that alimony is paid from two types of income:

• Employee salary. In 2021, recovery of a fixed amount and interest was allowed. Moreover, the latter should be no more than 25% for one child, 33% for two children and 50% for three or more children.
• Vacation payments . They are involved if the employee’s salary is too low. In their respect, the withholding is carried out in a fixed amount.

The specific amount of deductions (in a fixed form or as a percentage) in favor of alimony payments is prescribed in the writ of execution, therefore, without it, the accounting department should not make any deductions from the employee’s salary.

It should be added that the employer is only responsible for withholding child support in favor of minor children. In cases where we are talking about disabled children and incapacitated citizens, bailiffs do not impose such obligations on the company.

What to do if a collection order has been received?

If the organization receives a resolution to collect debt from one of the employees, the procedure will be as follows:

1. First of all, the document must be registered in a special journal (according to the internal procedure established at a particular enterprise).
2. Then the employer must fill out a notice of receipt of the writ of execution (tear-off spine to) and send it to the bailiff.
3. Next, the employee must be familiarized with the contents of the writ of execution against signature.
4. A duly registered resolution is transferred to the accounting department for deductions.
5. In the future, the executive document must be stored in the organization’s safe as a strict reporting form.

In accordance with clause 3, the employer is obliged to transfer the deductions made in favor of the claimant within 3 days (from the date of payment of wages to the employee).

Reply and return of the decision

As noted above, if an employee from whose wages were deducted quits, then the bailiffs must be notified of this circumstance. The employer must prepare a written response containing information about the reason for the debtor's departure and the total amount that was withheld at the particular workplace.

The certificate of dismissal for bailiffs must also be accompanied by a previously received resolution and order to terminate the employment contract with a specific employee.

Thus, notifying representatives of the FSSP about the fact of termination of employment relations with the debtor (as part of enforcement proceedings) is the responsibility of the employer, enshrined at the legislative level. If this requirement is ignored, the organization may face unpleasant consequences in the form of an administrative fine of up to 100,000 rubles.

Dismissal of the alimony worker and letter to the bailiffs

A letter is sent in exactly the same way to the second parent – ​​the child support collector. notifications to the bailiff service What should an accountant do? After the dismissal of the alimony worker, the accountant needs to do important work - collect a personal file and send it to the company’s archives. The following documents should be placed in your personal file:

• a copy of the writ of execution, which contains information about funds withheld from wages and the balance of payments;
• a duplicate of the dismissal order;
• copies of notification letters sent to the executive authorities and to the second parent;
• a list of papers that make up a personal file.

If the company has a documentation log, then a corresponding note is made in it, the date of dismissal and sending of documents is indicated.

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