What does article 46 mean for bailiffs. There are, of course, typical life situations

Unpaid debts on time often lead to the fact that they are collected through the Bailiff Service (FSSP). Information about the debtors in respect of which proceedings are being conducted is published in the public domain on the website of this service. In some cases, you can see that the proceedings are terminated, and as a basis, for example, Art. 46 h. 1 p. 3. What does such a wording mean for the debtor and the recoverer? Does it follow from this that an indebted citizen can no longer worry about his obligation, and the creditor can forget about the debt? To better understand the essence of what is happening, you need to understand a little how.

How debt collection works

So, a citizen borrowed a certain amount and did not return it on time. The lender - in practice, this is most often the bank - will try to collect it by all available methods. Having exhausted the possibilities of pre-trial proceedings, the creditor will go to court. As a result, on the basis of a judicial act, the issue of repayment of the debt will pass into the competence of the FSSP.

Bailiffs act on the basis of Law No. 229-FZ of October 2, 2007. This regulation gives them fairly broad powers. In particular, these are:

• verification of a person's financial documents;
• calling him to the territorial division of the FSSP;
• visiting his home;
• seizure of his property and bank accounts;
• seizure of such property;
• declaration of a debtor citizen or his property on the wanted list.

First of all, bailiffs receive information about vehicles, real estate, summer cottages of the debtor and other objects subject to state registration. If he does not have anything like that, then the bailiffs proceed to the next stage. It is important to know that it is forbidden to deprive a person of housing, therefore, it will not work to pay off the debt at the expense of a single apartment or house (with the exception of mortgage debts).

Next is requested. If none are found, then an appeal should be made to the employer in order to collect the debt at the expense of wages. But it happens that the debtor does not work anywhere, at least officially.

Then there remains the last opportunity to pay off the debt - at the expense of movable property. The bailiff comes to the citizen and describes the things that he has. Again, not everything is subject to the inventory. For example, you can not describe food, clothing, shoes, money in the amount of the living wage. Also prohibited are awards, items that are a source of income and things belonging to third parties (this must be documented). As a result, it often turns out that there is nothing to describe.

Thus, bailiffs do not always achieve debt collection. If this does not happen, the writ of execution is returned to the creditor. The grounds for this are contained in Article 46 of the Law on Enforcement Proceedings.

If there is no property or it is unknown

Often the grounds for returning a document to a creditor are such circumstances:

• the debtor has not been found, that is, its location has not been established;
• his property was not found;
• no information was received that he has accounts or other valuables that are stored in the bank.

The cases listed above are described in paragraph 3 of part 1 of Art. 46. ​​An indication of this provision of the law implies the following: the bailiffs do not have information about where the indebted citizen is located and whether he has property, therefore they returned the writ of execution to the creditor. Production on this basis was discontinued. The exception is cases when the law requires that the debtor be put on the wanted list.

Another similar ground for the return of a writ of execution is contained in paragraph 4 of part 1 of Art. 46 of the said law. We are talking about the absence of a citizen of any property, at the expense of which it would be possible to collect a debt. Norma implies that the bailiff took every opportunity to search for him, but this did not work. As a result, there is simply nothing to take from a person.

Article 46 contains other grounds for terminating enforcement proceedings:

Wanted

Bailiffs can initiate a search for a citizen debtor or, more often, his property. To do this, a claim may be required from the claimant. Will be looking for:

• property, if the amount of debt is more than 10 thousand rubles;
• the debtor himself, if such a debt cannot be repaid without his presence or the executive document contains a requirement of a non-property nature (for example, the wanted person must perform compulsory work).

In some cases, bailiffs announce a search without a statement, that is, on their own initiative. For example, if the executive document contains a requirement to protect the interests of Russia, its subjects and municipalities, and the amount of debt is more than 10 thousand rubles. Or when the requirement concerns alimony, compensation for harm to health or loss of a breadwinner, damage from a crime, a criminal fine, compulsory work.

However, it should be recognized that the effectiveness of search measures is often not very high. After all, in most cases, debtors have neither property, through which it is possible to repay the debt, nor official income.

There is no property: what's next?

So, debt collection was terminated on the grounds that the debtor could not find property. Further, all imposed restrictions should be removed from a person, for example, to travel abroad. But does this mean debt relief? Of course not. It only means that the current enforcement proceedings have been terminated. However, the claimant may appeal this if he considers that the bailiff accepted him without reason. The complaint is submitted within 10 days to a higher authority or to the court.

If the appeal fails, six months later, the creditor may submit a writ of execution to the bailiffs again. After all, circumstances could change over time, for example, a person could get a job. Also, the recoverer has the right to independently search for the property of the debtor and track the change in its status. If he finds out that the indebted citizen found property, this will become the basis for re-applying to the bailiffs, without waiting for the end of the 6-month period from the moment the previous proceedings were terminated.

The lender can apply to bailiffs again as many times as he sees fit. But there is a limitation - a three-year period from the date of entry into force of the court decision to collect the debt. However, this does not mean at all that as soon as 3 years pass, the debt will be written off. The fact is that the course of this period is interrupted every time the creditor presents the sheet for execution. After the termination of production, the period does not resume its course, but begins anew. That is, it becomes equal to 3 years again. Thus, there is no guarantee that even after several unsuccessful appeals to the bailiffs, the creditor will not do it again.

However, the practice that has developed today in Russia is as follows: if the debt arose precisely on a bank loan, then in the end it can still be written off. Having received back the writ of execution on the grounds that it is impossible to collect the debt (Article 46), the bank may recognize it as hopeless. After that, the debtor is released from the obligation to pay it.

Video information about what will happen after the termination of enforcement proceedings under Art. 46 of Law 229-FZ:

In contact with

If all attempts by the bailiff to execute the sheet were ineffective, then it is returned.

• The person is a citizen of another state or was expelled from the country for violating registration rules.
• If the creditor independently prevents the execution of the sheet.

Return means that the proceedings against this person have been completely terminated for objective reasons. According to the law, all restrictions that the execution provides for must be removed. The creditor may appeal this decision, but if it was made for objective reasons, then such attempts do not work. In the absence of further actions within three years on the writ of execution, it loses its force. As a result, the debt is subject to full write-off. In fact, many people use this rule to avoid penalties.

Article 46 part 1 paragraph 3 fz on enforcement proceedings.

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46 article part 1 paragraph 3 bailiffs what does it mean for the debtor?

Let's imagine that a citizen who owes payments on traffic police fines does not hide and does not hide income, and the bailiffs' inaction leads to the closure of production.

Attention

Moreover, in this situation, the FSSP inspector also relies on Art.

46 part 1 point 3. What does it mean for the debtor to go abroad, remove the arrest, restore civil rights and freedoms, or temporarily suspend the collection process? Here much depends on the actions of the plaintiff.

If the proceedings are suspended, and the recoverer has not filed a re-application to resume the case, within 10 days the FSSP removes prohibitions and restrictions from the debtor .
Therefore, if a phrase with a similar wording is found on the FSSP website, it is too early for the debtor to rejoice.

What does article 46, part 1, paragraph 3 mean without indicating the amount of debt on the FSSP website?

Important

Remember that it will be possible to completely get rid of the unpleasant consequences of debt only after the payment of all debts, and such stoppages of the procedure give a temporary respite. Although formally, the losing party is relieved of obligations to pay debts and existing restrictions.

That is, it becomes possible to leave and return the driver's license, the arrest is removed from the property.

However, such actions of the bailiffs will be resumed when the writ of execution is received again from the recoverer.

Therefore, use this break to your advantage - try to conclude a settlement agreement on the return of the balance of debts with the second party in order to avoid repeating troubles in the future. We hope that this article helped to understand the nuances of the Federal Law "On Enforcement Proceedings" and the interpretation of a separate paragraph of Article 46.

Article 46 part 1 paragraph 3 bailiffs which means

With such a complete absence of property, income and employment, the bailiff can apply article 46, part 1, paragraph 3 to close the proceedings, which determines that all actions to execute the sheet were ineffective.

• When obstructing the execution of proceedings by the recoverer.
For the debtor, the termination of proceedings means the complete removal of all restrictions, including travel abroad, provided for by enforcement.


Bailiffs are actively looking for an opportunity to execute open proceedings, incl. trying to block the card

Sberbank due to child support debts, see if it's legal.

The recoverer has the right to appeal the decision, but more often his complaint will be futile and in the absence of movement on the writ of execution within three years, the debt is subject to full write-off.
By the way, banks write off debts that cannot be repaid in this way. Important.

What does article 46, part 1, paragraph 3 mean???

An employee of the executive service compiles an inventory of the property of a negligent borrower and establishes control over the financial receipts of the debtor.
Then the bailiff proceeds to the forced collection of debt, guided by the norms of the current legislation. Note that in such situations, FSSP inspectors have the right to restrict the freedom of movement of the non-payer, prohibiting him from traveling abroad.
In addition, the imposition of a ban on the sale of the debtor's property, notification of the defaulter's employer about the lost lawsuit, filing a wanted list and even administrative arrest are becoming popular measures here. However, in practice, it is sometimes impossible to implement such actions.
True, in practice it is advisable to clarify the possibility of leaving and removing the arrest from property in advance, because the inconsistency in the work of state institutions causes an unpleasant surprise for the debtor who decides to go on vacation abroad.

Remember, the deadline for lifting restrictions is 10 days.

Summing up Now that the wording of this article of the law is clear, it is appropriate for the non-payer to draw conclusions about further actions.

However, do not rush to rejoice if the proceedings are terminated on the basis of the third paragraph of Article 46. After all, it is not excluded the resumption of the case at the request of the claimant.

Article 46 x1 g3 bailiffs what does it mean

In case of return to the recoverer of the executive document in accordance with clause 4 of part 1 of this article, the recoverer has the right to re-submit for execution the executive documents specified in parts 1, 3, 4 and 7 of article 21 of this Federal Law, not earlier than six months from the date of the decision to complete enforcement proceedings and on the return of the enforcement document to the recoverer, and other executive documents not earlier than two months or before the expiration of the specified period in the event that the recoverer presents information about a change in the property status of the debtor.

Article 46

1. The executive document, for which the recovery was not made or made partially, is returned to the recoverer:

1) at the request of the claimant;

2) if it is impossible to execute an enforcement document obliging the debtor to perform certain actions (refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property, or to obtain information about the availability of funds belonging to him and other valuables that are on accounts, in deposits or stored in banks or other credit organizations, except in cases where this Federal Law provides for the search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed, and all measures taken by the bailiff-executor, permissible by law, to find his property turned out to be ineffective;

5) if the recoverer refused to retain the property of the debtor, not sold forcibly during the execution of the enforcement document;

(as amended by Federal Law No. 34-FZ of March 12, 2014)

6) if the creditor by his actions prevents the execution of the enforcement document.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and has been expelled from the Russian Federation on the basis of a judicial act.

(Clause 7 was introduced by Federal Law No. 383-FZ of December 28, 2013)

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances, in accordance with which the executive document is returned to the recoverer. The act of the bailiff-executor is approved by the senior bailiff or his deputy.

(as amended by Federal Laws No. 225-FZ of 18.07.2011, No. 383-FZ of 28.12.2013)

(see text in previous edition)

3. The bailiff shall issue a decision on the completion of enforcement proceedings and on the return of the executive document to the recoverer.

ConsultantPlus: note.

Part 4 of Article 46 is recognized as partially inconsistent with the Constitution of the Russian Federation by the Resolution of the Constitutional Court of the Russian Federation of March 10, 2016 N 7-P.

In accordance with Part 3 of Article 79 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ, acts or their individual provisions recognized as unconstitutional become invalid.

4. The return to the recoverer of the executive document is not an obstacle to the repeated presentation of the executive document for execution within the period established by Article 21 of this Federal Law.

5. In case of return to the recoverer of the executive document in accordance with clause 4 of part 1 of this article, the recoverer has the right to re-submit for execution the executive documents specified in parts 1, 3, 4 and 7 of article 21 of this Federal Law, not earlier than six months from the date of the decision on the completion of enforcement proceedings and on the return of the enforcement document to the recoverer, and other executive documents not earlier than two months or before the expiration of the specified period in the event that the recoverer presents information about a change in the property status of the debtor.

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An ordinary citizen must understand the principle of operation of the relevant structures, since in one way or another they affect his rights and interests.

In particular, the study of enforcement proceedings is relevant - in this case, this topic will be the most significant for people who have some problems with the law.

To understand what Art. 46, part 1, paragraph 4 on enforcement proceedings, it is necessary to study the current regulatory legal acts in 2019 while considering situations from real practice in parallel.

Overview of the text of the law

Federal Law No. 229-FZ “On Enforcement Proceedings” reflects the regulations for enforcement structures and the Federal Bailiff Service, in particular.

Special attention deserves Art. 46, since it reflects the most significant points regarding the situation with the completion of enforcement proceedings on a court decision.

Many people simply do not understand the peculiarities of this process, so some subtleties should be clarified in order to maintain legal awareness of the population.

The central content of the article

This regulatory legal act provides for the reflection of the regulations of the powers of the bailiff service. Persons with this status provide control over the implementation of court decisions, collect information on complex claims and perform debt collection.

In particular, the bailiff may:

• receive full information about the citizen who is the main defendant in the case, up to the details of the bank account;
• to seize the property of the debtor and his bank cards;
• take measures to implement the provisions of the writ of execution;
• put the debtor on the wanted list;
• without any obstacles to enter the premises owned by the debtor.

A person interested in the case may not act as a bailiff. In other words, he should not be familiar with the defendants in the case, should not have family relations with them.

Otherwise, he is obliged to recuse himself, because justice is done impartially.

Application in practice

The main value for the debtor

So, each person should reasonably reason that if he violated the requirements established by the legislation of the Russian Federation, then he will be held accountable for his actions according to the law.

In particular, considering this point in accordance with Art. 46 enforcement proceedings, the debtor must highlight for himself the main provisions, for example, what to expect from bailiffs.

As noted earlier, they are capable of much. At the same time, the culprit himself cannot oppose them. As a result, he may lose both his income and his property.

It should be understood that it is very problematic to hide property from bailiffs - if necessary, they use all possible mechanisms for obtaining up-to-date information on a citizen's movable or immovable property.

The maximum that the debtor can count on when appealing is to refer to the partiality of the executor. However, in this case, a lot of evidence of such a fact will be needed, since simple words will not be enough.

In addition, it is worth clarifying that in order to satisfy the court decision, bailiffs can use the right to restrict the freedom of movement of the non-payer.

Therefore, in any case, you cannot run far from justice. Thus, the debtor is obliged to realize the futility of attempts to evade payment of the debt and comply with the approved requirements.

Indeed, otherwise, the case may take a steeper turn when the culprit is brought to punishment in the form of imprisonment.

Features of judicial office work

How is the judicial process carried out? In fact, the general stages do not differ in any difficulties. First of all, there is a preparatory part, when the plaintiff collects all the necessary documents and transfers them to the appropriate structure.

The judge gets acquainted with the information provided and instructs the bailiffs to find additional information.

After the acquisition of the most complete data on the information under consideration, the participants in the case are notified of the hearing, indicating the date and time of the meeting.

During the trial, the following happens:

1. The opinion of the main participants in relation to the materials of the case is heard.
2. If there are witness statements, they are also recorded and taken into account when determining the result.
3. After a short deliberation, the judge decides whether to grant the claim or reject it.

If any party does not agree with the results, then it has the right to file an appeal within 30 days from the date of registration.

After this period, the decision is sent to the accounting department at the place of work and to the passport office at the debtor's place of residence.

It is worth noting that a situation may arise when a document may be lost in the course of postal items, and the bailiff does not consider it necessary to check on the acceptance of the circumstances of the case by officials.

Therefore, if the plaintiff noticed the lack of implementation of justice, he should seek information on this matter from the bailiff. It is allowed to do this during a personal visit to the service, by phone call or by registered letter to the address of the bailiff.

If after that the matter has not moved forward, then it is necessary to send a request directly to the executive's superiors.

Action example

For a more detailed look at Art. 46, part 1, paragraph 4, this should be done with specific examples. In particular, it is worth determining what this provision means for the loan debtor.

People who have previously encountered the activities of the Federal Bailiff Service have a clear idea of ​​​​the features of the activities of this structure. Therefore, many "chronic" debtors independently get rid of their property as quickly as possible.

Thus, it is not possible to get what is due from the culprit. This is especially true in the case of lack of employment.

In such situations, bailiffs record the circumstances of the situation and draw up a document on the termination of enforcement proceedings.

Another situation is in the FSSP employee himself, when an employee of the executive body simply does not want to adequately fulfill the assigned duties. With this scenario, the inspector does not seek to identify the real state of affairs, therefore, he is limited to “replies” to the claimant.

After the termination of the proceedings, the defendant simply gets rid of the obligation to pay the debt. However, in such cases it is quite possible to initiate a procedure.

So, if the debtor was declared bankrupt, then this status somewhat limits his civil rights. Moreover, credit institutions do not stop at one claim, if a decision was made to close the enforcement proceedings on the first application.

Therefore, after a few months, we should expect additional "invitations" to the court.

What needs to be done next

So, what should the debtor do after the termination of enforcement proceedings? Everything is very simple - he does not need to do anything. Moreover, to acquire any property, open bank accounts or receive white wages.

Otherwise, wait until 3 years have passed since the end of production. In accordance with Art. 196 of the Civil Code of the Russian Federation, this period is the limitation period, after which the victim no longer has the right to bring the perpetrator to justice.

That is, after 3 years, the debtor is completely exempted from paying debts in favor of banks or alimony in relation to the former spouse. It should be noted that if individual cases of restoration of terms are provided for individuals, then this moment is not relevant for legal entities.

As for the actions of the recoverer, he should write a re-application to the FSSP to initiate enforcement proceedings.

It is also recommended to file a complaint against either the authorities or directly to the prosecutor's office. In some situations, it is useful to independently identify the debtor's property - this information must then be sent to the bailiffs.

Notes and hidden nuances

In fact, the closure of the case under the article in question is positive news for a person. So, the debtor is not only getting rid of the financial claims imposed earlier, all the restrictions imposed before that are also removed from him.

1. The executive document, for which the recovery was not made or made partially, is returned to the recoverer:

1) at the request of the claimant;

2) if it is impossible to execute an enforcement document obliging the debtor to perform certain actions (refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property, or to obtain information about the availability of funds belonging to him and other valuables that are on accounts, in deposits or stored in banks or other credit organizations, except in cases where this Federal Law provides for the search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed, and all measures taken by the bailiff-executor, permissible by law, to find his property turned out to be ineffective;

5) if the recoverer refused to retain the property of the debtor, not sold forcibly during the execution of the enforcement document;

6) if the creditor by his actions prevents the execution of the enforcement document.

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and has been expelled from the Russian Federation on the basis of a judicial act.

2. In the cases provided for in paragraphs 2 - 7 of part 1 of this article, the bailiff draws up an act on the existence of circumstances, in accordance with which the executive document is returned to the recoverer. The act of the bailiff-executor is approved by the senior bailiff or his deputy.

3. The bailiff shall issue a decision on the completion of enforcement proceedings and on the return of the executive document to the recoverer.

4. The return to the recoverer of the executive document is not an obstacle to the repeated presentation of the executive document for execution within the period established by this Federal Law.

5. In the event of the return to the recoverer of the executive document in accordance with clause 4 of part 1 of this article, the recoverer has the right to re-submit for execution the executive documents specified in parts 1, 3, 4 and 7 of this Federal Law, not earlier than six months from the date of the decision to complete enforcement proceedings and on the return of the enforcement document to the recoverer, and other executive documents not earlier than two months or before the expiration of the specified period in the event that the recoverer presents information about a change in the property status of the debtor.

The provisions of Article 46 of Law No. 229-FZ are used in the following articles:

• Data Bank in Enforcement Proceedings

  9) information about the return of the enforcement document to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the completion of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law.