How much is the enforcement fee of bailiffs? What is a performance fee, where does it come from and what is its size?

Let's consider the basic rules for collecting enforcement fees, their amount depending on the person obligated to pay. And also, what measures can be taken to reduce the performance fee or not pay it at all.

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What it is

An enforcement fee is a punishment of a sanctioning nature applied by employees of executive bodies regarding defaulters who do not, of their own free will, at the appointed time, comply with the decision of the judicial authority and all the requirements of the executive document. An exception may be for a number of valid reasons, which will be discussed later.

In addition, the enforcement fee is not only a sanctioning measure, but also a kind of incentive pushing the debtor to immediately fulfill his obligations. After all, not every person will want to shell out their hard-earned money for their own inaction, when the issue could be settled at a lower cost.

The law provides for a fee of 7% of the amount that must be collected under the writ of execution. The amount of fees will depend on whether the defaulter is an individual or a legal entity.

But even in this case, the amount of the fee cannot be:

Less than 1,000 rub. for an individual;
Less than 10 thousand rubles. for a legal entity.

In case of failure to fulfill obligations on non-property issues, the following will be written off from the debtor:

At least 5,000 rubles if it is an individual;
At least 50,000 rubles if it is a legal entity.

In which cases

Taking into account the legislative provisions of Federal Law No. 229, the main conditions for collecting the enforcement fee are:

Failure to comply with the requirements specified in the writ of execution within a certain time frame. The established deadlines mean a period of 5 working days from the date of initiation of enforcement proceedings;
Failure by the defaulter to provide information to the bailiffs about the reasons for which the obligations were not fulfilled. Such information may include:
1. Information about employment and sources of profit;
2. Payments, receipts and other documents confirming payment of debt to the bailiffs.

But do not forget that voluntary fulfillment of obligations directly depends on proper notification of the debtor.

There are several ways:

Postal notification;
Telegram, fax message, SMS message;
Personal visit by the bailiff.

When using any of the above methods, the bailiff is required to make a note of the debtor’s reaction. Further work with the debtor will depend on this.

Video: How to challenge

Resolution on collection of enforcement fee

The resolution to collect the enforcement fee is an executive one, which must meet the specific requirements for this type of document. The decision is made by the senior bailiff and certified by the structural department where the debt issue is resolved.

The main part of the document should indicate:

The date the person received the decision to initiate the enforcement case or the refusal to receive this document;
Confirmation of the expiration of the period for voluntary fulfillment of obligations;
Failure by a person to fulfill his duties specified in the executive document;
Failure by a person to provide comprehensive evidence that influenced the failure to fulfill his obligations or refusal of them;
Other circumstances of significance.

The document must also record the fact that it can be appealed within 10 days from the date of receipt of the decision.

Despite this, the law does not exclude the possibility of collecting enforcement fees within 10 days if the bailiff does not have information about the court’s acceptance of the application or claim. Consequently, the enforcement authorities can collect the fee before the end of the 10-day period.

If the court has accepted for consideration an application to challenge the decision, an application to defer the collection, reduce the amount of the duty or exemption from its collection, the process of collecting the enforcement tax must be suspended until the court makes its decision and the corresponding act is drawn up.

Application for fee reduction

According to legal acts, the debtor has the right to apply to the court with a claim to reduce the enforcement tax.

The fee may be reduced in the following situations:

The instructions of the writ of execution were not fully implemented before the initiation of the enforcement case;
The requirements were half fulfilled within the period provided by law.

After this, the amount of the fee will be calculated from the amount actually remaining to be paid after the completion of the voluntary period. But the amount by which the fee is reduced cannot be less than ¼ of the amount established by law.

If the debtor submits all the necessary documents about incomplete fulfillment of obligations within the prescribed period after the bailiff has made a decision on collection, the tax amount must be recalculated and amendments made to the document.

Reducing the enforcement tax through the court requires a number of mitigating circumstances.

For example, a judge may meet the debtor halfway and reduce the amount of the fee if objective evidence is provided that forces him to deviate from the deadlines for fulfilling his obligations:

Certificate of serious illness;
Difficult financial situation (inability to pay fees), etc.

The judge examines all submitted documents and announces a decision.

How not to pay

Previously, we found out that the enforcement fee is assigned when the terms of the enforcement document were violated without good reason.

Usually, bailiffs are silent, and many citizens do not have a legal education, so few people know when exactly a debtor may not pay a fee.

Valid reasons include:

Force majeure or circumstance;
The court allows a person to pay in installments or defer to fulfill the requirements of the document.

Everything is clear with the last factor. The court made its decision, and the bailiffs are obliged to obey it. What is force majeure that can exempt a debtor from paying?

This thesis comes fromArticle 401 of the Civil Code of the Russian Federationand implies:

Natural disasters: earthquakes, floods, hurricanes, etc.;
Any factors that affect public life: strikes, military actions.

The question arises: is the debtor’s illness considered a force majeure? In most cases no. And when the case is considered in court, this will be classified as a “case” and the judge’s decision will be based more on the disease itself, how it affected the debtor’s health, and whether there was a threat to the person’s life.

Also, the difficult financial situation of a citizen does not qualify as force majeure. Although, if the debtor showed up in time, the court may reduce the amount of the fee.

In addition, according to Part 5 of Art. 112 of the federal law, there are times when the enforcement fee is not collected at all.

This happens if:

The case went to work on the executive act, which was received in the manner prescribed by Part 6 of Article 33 of the Federal Law;
The document was repeatedly presented, according to which a decision had already been made to collect the enforcement fee;
A case was initiated based on the bailiff's decision to recover the costs of enforcement actions and fees imposed by the bailiff in the process of fulfilling obligations;
Enforcement proceedings were initiated based on acts of interim measures;
The case concerns documents containing demands for the expulsion of foreign persons from the Russian Federation;
The documents contain a requirement for the citizen to serve compulsory labor;
A request was made from the central authority to search for the child.

Statute of limitations

There is no statutory limitation period for enforcement fees. On the one hand, it would be possible to apply a general period for such cases - 3 years, but on the other hand,

The decision of the Constitutional Court dated July 30, 2001 recognized that the enforcement fee has characteristics of administrative penalties. This means that administrative punishment is not subject to execution in cases where the document was not enforced within 2 years from the date of entry into force.

Appeal

Taking into account clause 1 of Article 121 of the Federal Law, the parties to the executive act can appeal the decision of the executive bodies. In this case, the appeal is aimed at the work of the bailiff himself and his actions. It is submitted to the senior bailiff.

As for the enforcement fee, it can only be challenged in court within 10 working days from the date of entry into force. Therefore, if the challenge or cancellation of the enforcement fee is directed to the senior bailiff, this complaint will be rejected.

Many bank debtors sooner or later face the judicial system. The credit institution wants to get its money back and is resorting to lawsuits against its clients. This is usually done through writ proceedings, without the participation of the defendant. Often he doesn't even know about it. On the one hand, this is good, because it’s a court order, but on the other hand, a visit from bailiffs to your home may come as a complete surprise.

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Of course, all this can be challenged and canceled, especially if. For example, relatives or in the case of a rented apartment of the owners. For the debtor himself, the amount of debt may increase, even if the court has fixed it. It's all because of the enforcement fee that the bailiffs charge. This is not done with every debt, and the amount does not matter. Let's understand everything in order.

Article 112 of Federal Law 229 states that the enforcement fee is a monetary penalty in the event of failure by the defendant to fulfill its obligations under a court decision.

In fact, this is a fine that is imposed within the framework of existing proceedings, but is allocated as a separate one. If you manage to pay off the principal amount of the debt and leave the collection for later, the restrictions and prohibitions will not be lifted from you.

The amount of the fine will be equal to 7% of the debt amount, but not less than one thousand rubles. Be careful, with a small fine of 200-300 rubles, there is an opportunity to get another 1000 if you didn’t catch it in time.

Initiation of enforcement proceedings

Enforcement proceedings are initiated on the basis of a court decision (Article 30 of the Federal Law 229). It may be accompanied by a petition to seize property, accounts, other income or funds.

The bailiff has the right to terminate the proceedings if the debtor has no property or income.

Important! The claimant has the right to demand that the individual entrepreneur be re-initiated, but not earlier than six months from the date of completion.

In practice, bailiffs rarely issue orders to terminate work on a case. Individual entrepreneurs have been in the FSSP database for years, even if they have long been forgotten, which seriously complicates the lives of defendants and the bailiffs themselves. This point requires serious legislative revision.

Resolution on collection of enforcement fee

The amount of the enforcement fee is 7% of the total debt. Federal Law 229 (On Enforcement Proceedings) regulates the obligation to collect.

This is done as follows

The plaintiff goes to court and wins.

The judge or plaintiff sends the writ of execution to the FSSP service, where it is given to the bailiff responsible for the territorial residence of the defendant. Each bailiff is assigned a specific plot and a specific house.

The bailiff initiates enforcement proceedings and notifies the defendant about this. The debtor must sign for receipt of the notice, otherwise the bailiff will not have the right to collect the enforcement fee.

If the defendant does not voluntarily repay the debt within ten days, then the bailiff begins forced collection, simultaneously initiating separate collection proceedings.

What follows is the arrest of accounts, etc.

Performance fee - how not to pay?

After you have been notified of the initiation of proceedings, you urgently need to deposit an amount feasible for you into the FSSP account within five days. It doesn’t matter what, you can even 100 rubles. In this case, you will not be considered a willful defaulter, and accordingly, the enforcement fee will not affect you.

Moreover, in most cases the bailiff will not come to your home. It turns out that you will save your property. Of course, if the plaintiff demands the seizure of things, the bailiff will comply, but will not touch you on his own initiative.

Important: the period within which you signed for the initiation of proceedings does not matter.

Appeal against enforcement fee

You can appeal the enforcement fee if you are sure that it should not have been there. This is done by applying to a senior bailiff or through the court.

Voluntary execution of a writ of execution

If you decide to close a debt with a bailiff on a voluntary basis, you must take into account and follow several rules that will help you complete the procedure legally correctly.

Write a statement to the bailiffs about your agreement with the debt.

Pay the receipt and make a copy of it, which you hand over to the bailiff’s office against signature.

Notify the plaintiff of the payment in writing, by mail with notification.

Monitor the receipt of money in the FSSP account (up to 7 working days).

Make an appointment with the bailiff and pick up papers confirming the end of the individual entrepreneur.

Make sure you are removed from the debtor database.

Only such careful control will make it possible to complete the procedure NORMALLY.

How to pay the performance fee

You can pay in several ways:

through the cash desk of any bank;

through payment systems (QIWI, Robokassa, etc.);

via online banking.

Bottom line

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We also count on your help, like and repost on social networks. The more people know about the possibility of getting out of the debt trap, the more happy people there will be in our country. Hope for understanding.

Not only legal costs threaten the debtor during litigation, but also enforcement fees. From the name it is obvious that this is a type of payment for. But not anyone, but only forcibly. And if there is a writ of execution, voluntary satisfaction of the claims of the winning party will avoid paying the enforcement fee.
The establishment of such a fee is associated with the state’s desire to reduce the cost of maintaining the bailiffs’ apparatus. And help ensure that the debtor satisfies the claimant’s demands promptly.
When the debtor is obliged to pay the enforcement fee
Evidence of the existence of grounds for deferment or installment payment of the fee is provided by information about the difficult financial situation. The degree of guilt in failure to comply with requirements also matters. In any case, the court will reduce the fee by no more than 25%.
The debtor can provide evidence of the absence of guilt in failure to fulfill obligations under the writ of execution (this is the only basis for exemption from paying the fee). Such rules are contained in paragraph 74 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 17, 2015 No. 50.
After accepting the claim for proceedings, the court will suspend the collection of the enforcement fee until a decision is made.
An interesting issue from a practical point of view is the collection of legal costs with the participation of a representative in the case. And if you remember, in administrative claims only a person with a higher legal education can be a representative. Resolution of the Plenum of the Supreme Court of the Pension Fund dated January 21, 2016 No. 1 (on reimbursement of costs associated with the consideration of the case) establishes the rule. Costs are not distributed between the parties if the dispute does not involve a violation or challenge of the rights of the plaintiff. According to the law, only a court can reduce or exempt the fee. The bailiff does not have such a right. Therefore, it will be difficult to recover legal costs in cases related to the enforcement fee (except for declaring its appointment illegal).

In accordance with Art. 112 of the Federal Law “On Enforcement Proceedings”, the enforcement fee is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the time limit established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the date obtaining a copy of the bailiff's order to initiate enforcement proceedings. The performance fee is credited to the federal budget.

The enforcement fee is established by the bailiff upon expiration of the period, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

The enforcement fee is established in the amount of seven percent of the amount to be collected or the value of the property being recovered, but not less than five hundred rubles from a debtor-citizen and five thousand rubles from a debtor-organization. In case of non-execution of an enforcement document of a non-property nature, the enforcement fee from the debtor-citizen is established in the amount of five hundred rubles, from the debtor-organization - five thousand rubles.

The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

The enforcement fee is not collected in cases where enforcement proceedings are initiated:

1) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

2) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

3) according to judicial acts on interim measures;

4) according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons.

The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the order of the bailiff to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.

2. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

If the court accepts for consideration the application or claim specified in Part 6, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.

4. If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly. In this case, the debtor is returned the excess amount of money collected from him.

5. The enforcement fee is returned to the debtor in full in cases of cancellation:

2) executive document;

3) resolution of the bailiff to collect the enforcement fee.

Article 112. Enforcement fee

1. is a monetary penalty imposed on the debtor in the event of his failure to comply with a writ of execution within the period established for the voluntary execution of a writ of execution, as well as in the event of his failure to comply with a writ of execution, subject to immediate execution, within 24 hours from the date of receipt of a copy of the order of the bailiff. on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.

2. The enforcement fee is established by the bailiff after the expiration of the period specified in Part 1 of this article, if the debtor has not provided the bailiff with evidence that the execution was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions. The bailiff's decision to collect the enforcement fee is approved by the senior bailiff.

(see text in previous)

3. The enforcement fee is established in the amount of seven percent of the amount subject to collection or the value of the property being recovered, but not less than one thousand rubles from a debtor-citizen or a debtor-individual entrepreneur and ten thousand rubles from a debtor-organization. In the event of non-execution of an enforcement document of a non-property nature, the enforcement fee from a debtor-citizen or a debtor-individual entrepreneur is established in the amount of five thousand rubles, from a debtor-organization - fifty thousand rubles.

(Part 3 as amended by Federal Law dated December 28, 2013 N 441-FZ)

(see text in previous)

3.1. In relation to several debtors for joint collection in favor of one collector, the enforcement fee is established from each of the debtors in the amount of seven percent of the amount to be recovered or the value of the recovered property, but not less than one thousand rubles from a debtor-citizen or a debtor - individual entrepreneur and ten thousand rubles from the debtor organization.

(Part 3.1 introduced by Federal Law dated December 28, 2013 N 441-FZ)

4. The enforcement fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

5. The enforcement fee is not collected in cases where enforcement proceedings are initiated:

1) according to an executive document received in the manner established by Part 6 of Article 33 of this Federal Law;

2) upon repeated presentation for execution of a writ of execution, according to which a resolution of the bailiff to collect the enforcement fee was issued and not cancelled;

3) by order of the bailiff on the collection of expenses for carrying out enforcement actions and the enforcement fee imposed by the bailiff in the process of executing the enforcement document;

(as amended by Federal Law dated July 18, 2011 N 225-FZ)

(see text in previous)

4) according to judicial acts on interim measures;

5) according to executive documents containing requirements for the forced expulsion from the Russian Federation of foreign citizens or stateless persons;

Answers to frequently asked questions

5 introduced by Federal Law of December 6, 2011 N 410-FZ)

6) according to executive documents containing requirements for serving compulsory labor;

(Clause 6 introduced by Federal Law dated 04/05/2013 N 49-FZ)

7) at the request of the central authority to search for a child.

(Clause 7 introduced by Federal Law dated 05.05.2014 N 126-FZ)

5.1. Unexecuted orders for the collection of enforcement fees, issued within the framework of enforcement proceedings subject to termination on the grounds established by paragraphs 10 and 11 of part 2 of Article 43 of this Federal Law, are canceled by the bailiff.

(Part 5.1 introduced by Federal Law dated 03/07/2018 N 48-FZ)

6. The debtor has the right, in the manner established by this Federal Law, to apply to the court to challenge the bailiff’s decision to collect the enforcement fee, with a claim for a deferment or installment plan for its collection, to reduce its amount or exemption from the collection of the enforcement fee.

7. The court has the right, taking into account the degree of guilt of the debtor for failure to fulfill the writ of execution on time, the property status of the debtor, and other significant circumstances, to defer or defer the collection of the enforcement fee, as well as reduce its amount, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of grounds for liability for violation of an obligation established by the Civil Code of the Russian Federation, the court has the right to release the debtor from collecting the enforcement fee.

8. If the court accepts for consideration the application or claim specified in Part 6 of this article, the collection of the enforcement fee is suspended until the court makes a decision. The court's decision to fully or partially satisfy them applies to immediate execution.

9. If the court reduces the amount of the enforcement fee, the order of the bailiff to collect the enforcement fee is considered changed accordingly. In this case, the debtor is returned the excess amount of money collected from him.

10. The enforcement fee is returned to the debtor in full in cases of cancellation:

1) a judicial act, an act of another body or official, on the basis of which the executive document was issued;

2) executive document;

3) resolution of the bailiff to collect the enforcement fee, except for the cases provided for in part 5.1 of this article.

(as amended by Federal Law dated March 7, 2018 N 48-FZ)

(see text in previous)

11. The return of the enforcement fee to the debtor is carried out in the manner determined by the Government of the Russian Federation.

The presence in the legislation of the Russian Federation of such a type of obligatory payment as an enforcement fee is due to the desire to reduce the costs of maintaining the apparatus for the compulsory execution of court and other decisions by initiating the debtor to voluntarily satisfy the claims of the collector.

Initiating enforcement proceedings based on a received writ of execution entails the obligation of the bailiff to notify the debtor that he is obliged to take actions to fulfill the requirements contained in such a document, and establishes a period during which such actions must be taken (usually 5 days).

Resolution on collection of enforcement fee - what is it?

If the execution of the court decision is expected to be immediate, this period will be only a day (after receiving the decision). The enforcement fee is a sanction for violation of such requirements, levied from the debtor in favor of the state budget.

Grounds for exemption from payment of the enforcement fee

The enforcement fee is not paid when the debtor fulfills the requirements contained in the bailiff's decision. As a rule, the debtor is given 5 days to do this. If the debtor has not received such a resolution and there is no information about the fact of proper notification in the case materials on the enforcement proceedings (the parties to the enforcement proceedings have the right to familiarize themselves with all the materials of the case, including receiving copies of them), there can be no talk of any enforcement fee. If, in this case, a decision is made against the debtor to collect the enforcement fee, it must be appealed in court.

The bailiff may exempt the debtor from paying the enforcement fee if he provides him with evidence of the impossibility of fulfilling the requirements of the writ of execution due to extraordinary and unavoidable circumstances. What exactly these circumstances are is determined in each case individually. For example, the employer’s violation of the deadline for payment of wages, etc. will not become such a circumstance. An application for exemption from the enforcement fee should be submitted to the bailiff in writing, accompanied by written evidence (for example, a certificate of hospitalization, etc.).

The bailiff does not collect the enforcement fee if:

- enforcement proceedings were initiated by a bailiff and the writ of execution was handed over on instructions for the implementation of certain enforcement actions in a territory beyond the jurisdiction of such a bailiff;

- the writ of execution has been presented again, and a decision to collect the enforcement fee has already been issued and not cancelled;

— enforcement proceedings have been initiated to collect the costs of carrying out enforcement actions and the enforcement fee itself;

— the bailiffs received a judicial act on the application of interim measures;

— in cases of administrative deportation of foreign citizens, in cases of compulsory work;

— a request was received to search for the child.

The procedure and amount of collection of the enforcement fee

The bailiff issues a resolution on the collection of the enforcement fee, which is approved by the senior bailiff.

The amount of such a fee is determined by the amount collected from the debtor or the value of the property and is 7%, but not less than 1,000 rubles. from an individual and 10,000 rubles. from legal. If the claimant’s claim is of a non-property nature, the amount of the enforcement fee will be 5,000 rubles. and 50,000 rub. respectively.

If several debtors are involved in enforcement proceedings, the enforcement fee is established for each of them, and if we are talking about periodic payments (for example, alimony), then the enforcement fee is established for each case of delay in fulfilling the obligation in accordance with the amount of the debt.

Appealing the bailiff's decision to collect the enforcement fee

Since the amount of debt to the collector can be significant, the debtor, in addition to the right to appeal the decision to impose the enforcement fee, may file a claim with the court for a deferment or installment plan for the collection of the enforcement fee, for reducing its size or exemption from its payment. To do this, it is necessary to comply with the rules for filing a statement of claim regarding the form, content, jurisdiction and jurisdiction. To prove the existence of grounds for deferment or installment payment of the fee, information about the difficult financial situation and the degree of guilt in failure to fulfill one’s obligations is provided. When applying to reduce the amount of the enforcement fee, you must remember that the court has the right to reduce it by no more than 25%. The debtor can provide evidence of the absence of guilt in failure to fulfill obligations under the writ of execution (this is the only basis for exemption from paying the fee).

When accepting a statement of claim for proceedings, the court notifies the interested party - the bailiff - about it, and suspends the collection of the enforcement fee until a decision is made.