Seizure of child benefits: by bailiffs, how to return, from a Sberbank card

The seizure of children's benefits by bailiffs can be an unpleasant surprise. There is no need to be upset or panic – such a measure is illegal. The arrest can be lifted, and the withheld funds can be returned.

How to protect child benefits from seizure for debts

When a person has debts to third parties or to the state, bailiffs are involved in collecting them.

They have the right to seize the debtor’s accounts in order to withhold the required amount. At the same time, sanctions sometimes include funds that, by law, cannot be used to cover debt, including child benefits. What to do if the bailiff seized them, and how to return the illegally withheld funds.

Can bailiffs seize child benefits?

Child benefits are designed to meet the needs of the child. They do not belong to the income of the parent, and, therefore, cannot be the object of collection in favor of creditors. Seizure of the account to which they are received will be illegal, since it deprives the parent of the opportunity to use the money and worsens the standard of living of the minor.

In what cases can arrest be imposed?

The law does not allow the seizure of funds intended to meet the needs of the child.

However, when imposing sanctions, the bailiff does not check the intended purpose of the proceeds; he simply seizes all accounts known to him.

According to clause 14.1 of Article 30 of the Federal Law “On Enforcement Proceedings”, notification of officials about funds that are not subject to seizure is the responsibility of the debtor himself.

Therefore, if child benefits are received into a person’s account, he must notify the FSSP in advance. This measure will allow you to avoid arrest, and it is also easier than seeking the removal of restrictions and the return of withheld funds.

When arrest is illegal

Payments that are not subject to seizure are recorded in Article 101 of the Federal Law “On Enforcement Proceedings”. This category includes:

• alimony and money intended to support children while their parents are wanted;
• survivor's pension;
• child benefits from the federal or local budget;
• one-time cash assistance paid by the employer at the birth of a child;
• maternal capital;
• compensation for the cost of holidays for children under 16 years of age in sanatorium-resort and health-improving institutions in the Russian Federation.

• If the bailiff was not notified of the intended purpose of the proceeds, his actions at the time of seizure of the account are not illegal.
• It’s another matter if he knew about this, then the measures taken are contrary to the law and will become a reason to file a complaint with the employee’s superior management.
• An arrest imposed without prior notification to the debtor of the open enforcement proceedings and the official’s intention to take measures to collect funds will also be illegal.

Does the bank have the right to withdraw money for a loan from child benefits without going to court?

Credit agreements may provide for the ability to withdraw money from the client's other debit accounts in the event of late payments. However, this measure applies only to accounts opened with the same bank. It is impossible to retain funds held in another bank without a court decision.

However, employees of the credit department, like bailiffs, do not check the source of funds and their intended purpose. If the account to which child benefits are received is subject to sanctions, you should contact the bank with an application to suspend the write-off and return the money. If there is no response, they file a lawsuit or file a complaint with the prosecutor's office.

How to return child benefits written off illegally by bailiffs

If the debtor discovers that child benefit accounts have been seized, you must immediately contact the bailiff in charge of the proceedings. The necessary information is contained in the arrest warrant. They can also be obtained directly from the FSSP.

The appeal is made in free form. It will need to indicate information about the debtor, the name of the bailiff, the production number and the accounts on which the foreclosure is applied. Proof that the seized funds are child benefits will be:

• certificate from the Pension Fund on the transfer of maternity capital;
• a certificate from the social security authorities regarding the transfer of state benefits;
• a certificate from the employer confirming the payment of benefits from the Social Insurance Fund;
• writ of execution for payment of alimony;
• other documents confirming the targeted nature of payments.

If the bailiff refuses to lift the arrest and return the money, a complaint is filed with his immediate supervisor. If this does not have an effect, they go to court to restore the violated rights.

Case consideration period

The bailiff is given 10 days to consider the application. After this, the specialist must cancel the previously issued decision and make a refund. This also takes 10 days.

Exceptional situations

Despite the fact that child benefits cannot be withheld, the court does not always rule on their return.

The statute of limitations must be met. It is 10 days from the moment a person learned of a violation of his rights.

Seizing children's benefits by a bailiff in order to collect a debt is illegal. To return the money, you must contact the employee in charge of the proceedings and provide evidence of the intended purpose of the proceeds.

The seizure will be lifted, and the illegally withheld money will be returned to the owner.

To avoid such misunderstandings, it is more advisable to open a separate account for child benefits and, when opening enforcement proceedings, immediately inform the bailiff about its appointment.

Source: https://propravo.guru/vyplaty/imeyut-li-pravo-sudebnye-pristavy-snimat-dengi-s-detskogo-posobiya.html

Can bailiffs seize child benefits: how to lift the seizure and return it

Dear readers, we are pleased to present to your attention an article in which we will tell you whether bailiffs can, in principle, seize child benefits. If this is possible, in what cases and under what conditions. If a ban is provided, then for what specific types of payments.

Knowing the question of whether the law allows the seizure of child benefits by authorized bailiffs, citizens will be able to protect their rights. There are certain social and compensation-type cash receipts from which debt collection cannot be carried out. Let's figure out whether appointments for children fall into this category.

Important! Seizure of accounts is a legal action of executors as part of the execution of court decisions, but only in relation to certain categories of income.

What types of payments can be directed towards debts?

Everyone knows that as part of enforcement proceedings, interest may be written off to pay off debts. We are talking about those types of debt for which obligations are imposed through the court. For example, a mother files a claim to impose alimony obligations on her ex-spouse. The request is granted, and 25% of the parental income is assigned to the child.

Attention! The amount determined by the court is collected from all permitted types of income, but within the agreed limit.

Debts that are subject to compulsory repayment:

• alimony;
• bank loans;
• moral damage to an individual;
• compensation for material damage;
• other types of debts for which there is a court judgment.

All these debts can be repaid from the defendant’s earnings, and in the absence of income from his property. Collections are carried out on almost all types of profit. But there are categories of income that cannot be seized. Let's figure it out.

Collection under a writ of execution can be made from the following proceeds:

• wage;
• premium appointments;
• business income;
• age pension;
• vacation accruals;
• regular disability payments.

Important! Almost all types of income, with the exception of compensation and social benefits, are subject to seizure.

Recovery by law from the following types of profit is not permitted:

On a note! In practice, seizure of accounts into which child benefits are received may occur.

Do bailiffs have the right to seize payments for children?

In order to understand whether child benefits can be seized, you need to identify what can be classified as child benefits. We will also figure out which categories of payments cannot be limited in principle. Let's start with general concepts.

Child benefits are a category of regular payments that are paid by the state to families with children as financial support. These include appointments to care for babies up to 1.5 and 3 years old, as well as other various compensations that are addressed to children. In the Russian Federation, federal and regional benefits are paid.

Federal Law No. 229, in part of Article 101, defines a ban on the seizure of payments that are addressed to children.

Therefore, to the question whether bailiffs can, in principle, seize child benefits, we will answer in the negative. Neither regular types of child support nor maternity capital are included in the category of profit with which debts can be settled. If an arrest has been made, then this action is illegal.

For what reasons are benefits seized?

If the law imposes a restriction on the forced collection of money from a child, then why are they still arrested. Is it possible to return funds previously withdrawn by bailiffs? Let's look at the questions in detail.

Attention! According to the law, more than 50% cannot be withdrawn from the debtor’s income. If the limit was exceeded, the seized amounts will be returned upon request.

The thing is that the law does not oblige bailiffs to verify the origin of the debtor’s income. And as practice shows, individuals often provide details of previously opened accounts for crediting various social money. And it turns out that as soon as the funds are credited using these details, the debts are written off.

To avoid such situations, the defendant needs to independently notify the bailiff of receipts from which there should be no collection. If this is not done on time, they will be written off in full. Then you will need to submit a formal request for a refund.

How to remove a seizure from child benefits

We found out whether bailiffs have the right to seize benefits within the framework of the law. But at the same time, there is no requirement to verify the origin of all receipts. Consequently, in practice, cases of account seizure are not uncommon. What to do in this case?

Step-by-step instructions for returning illegally debited funds:

1. Go to the social security department. Here you need to take a certificate that can confirm the fact and amount of the transfer of material payments.
2. Contacting the FSSP to write an application for a refund. You need to contact the specialist who is conducting the applicant’s production directly.

In the header of the written request you need to put the details of the performer leading the proceedings. The text sets out a request to return illegally written off funds in the indicated amount.

1. Interaction with the performer. You need to give him a request for a refund. A certificate from Social Security is attached to the application.

Papers can be brought in person or sent by mail. After checking them, the executor is obliged to immediately remove the arrest from the accounts in order to release the required amount. You can also go this route if you withdraw more than 50% of the funds allowed for repaying debts.

SOBES is not the only sender of child benefits. For example, transfers may come from an employer. Depending on the type of payment, the document confirming the origin also changes. To get a refund you need to present to the bailiff:

• SOBES certificate;
• an extract from the Pension Fund confirming the payment of maternity capital funds;
• a form from the employer confirming the transfer of insurance payments (compensation, maternity benefits).

Appeal against the actions of bailiffs

An arrest can also be lifted by appealing against the actions of the bailiffs. To restore the previously collected benefit amount and return it, you need to go through the standard procedure. It is advisable to contact her when the funds have left the accounts and it is no longer possible to return them upon application.

In Federal Law No. 229, as amended on July 3, 2016, in part of Art. 121 of paragraph one stipulates the possibility of appealing the actions of bailiffs to a higher authority and court.

Read also: Recalculation of pensions for children: those born before 1990, what documents, increase

Procedure:

1. Complaint against the executor who seized the child benefit card. It needs to be sent to the chief bailiff. Also, the appeal can be addressed to a higher-level service within 10 days.
2. Redirection of the application. This action occurs when the person who received the document does not have the authority to review it. The deadline for transfer is 3 days.
3. Reviewing the question. The action is carried out within 10 days.
4. Execution of the decision if the applicant's request is satisfied. Refunds are processed within 10 days. Consideration may be refused within three days.
5. Going to court if previous actions have not yielded results:

• collection of documents;
• submission of documents;
• consideration of the case;
• making a decision.

Attention! The appeal takes place within 10 days from the moment the bailiffs withdrew the child benefit as payment for debts (loan, alimony, compensation).

When does the court consider the issue of returning children's funds?

10 days, such a period is provided for in paragraph 4 of Article 128 of the Federal Law No. 229 for consideration of an application in court for child benefits that were illegally written off to pay off a debt.

What documents need to be submitted to the court?

The statement of claim itself, a certificate of the origin of the payment, and a copy of the refusal of the head of the executive service to return the money are submitted.

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Source: https://SocLgoty.ru/posobiya/mogut-li-pristavy-arestovat-detskoe-posobie.html

Seizure of child benefits: by bailiffs, how to return them from a Sberbank card

Seizure of child benefits: by bailiffs, how to return them from a Sberbank card. According to the law, child benefits are considered payments that must be spent on the maintenance of minors. They are transferred to the bank account of one of the parents. There is often a situation where bailiffs seize child benefits if their recipient has a debt to an individual or legal entity. How legal is this, and how to act in such a situation?

Grounds for seizing an account

An individual or legal entity has the right to go to court to collect a debt from a citizen. The basis may be an unpaid loan, evasion of alimony, etc.

Based on the court decision, a writ of execution is submitted to the Bailiff Service. Officials are obliged to take measures to collect the debt.

Child benefits mean the following payments:

• benefits from the employer for child care up to 1.5 years;
• compensation from social security;
• maternal capital;
• payments for the maintenance of a minor from the other parent (alimony). 

In accordance with Law No. 229-FZ of October 2, 2007, the arrest of accounts in financial organizations is possible on the following grounds:

• the amount of debt is above 10,000 rubles;
• the citizen does not have the means to pay off the debt;
• There is a writ of execution for the collection of funds.

According to the law, the bailiff must first notify the debtor that enforcement proceedings have been initiated.

If the FSSP employee did not convey the information to the citizen, then his actions to seize the account may be declared invalid and appealed to higher authorities. 

Can a child benefit account be seized?

Seizure of child benefits by bailiffs is not allowed.

In accordance with Law No. 229-FZ, the following types of benefits cannot be recovered from the debtor:

• maternity capital or part thereof;
• payments for child support up to 1.5 years;
• child support;
• survivor's pension;
• payments from the Social Insurance Fund;
• compensation from the state treasury to the parent if the spouse evades child support payments;
• social assistance to low-income families, single mothers;
• one-time benefits due to natural disasters or emergencies;
• funeral payments for close relatives. 

Thus, if the bailiffs seized child benefits, then their actions can be appealed. These payments are those that cannot be collected to pay off the debt.  

How to receive child benefit for a child: up to 1.5 years, up to 3 years, up to 18 years.

How to return funds if an account is frozen

In accordance with current legislation, bailiffs are not required to find out the sources of funds entering the account. At the same time, they inform debtors about the opening of proceedings.

In order to avoid misunderstandings, citizens can initially report the accounts to which transfers for the maintenance of a minor are received to the FSSP. 

If a child benefit card is seized, the debtor must contact the FSSP with documents confirming the assignment of compensation.

To do this you will need to provide:

• child's birth certificate;
• a copy of the order granting maternity leave;
• certificate of payment accrual.

Unemployed women must obtain documents from the social security authorities where they are entitled to benefits.

If the account with maternity capital is seized, you will need to take a certificate from the Pension Fund of the Russian Federation about the transfer of payments to the specified account. 

The procedure for appealing the bailiff’s actions to seize child benefits

The debtor can appeal the actions of the bailiff to seize the account into which the child benefit is paid. The application is submitted directly to the official’s manager or to the judicial authorities.

The appeal procedure consists of several stages:

1. collection of documentary evidence that child benefits are transferred to the seized account;
2. filling out an application and submitting it to higher authorities;
3. obtaining a decision on the complaint.

The application must indicate the following information:

• Full name of the applicant;
• information about the bailiff who issued the order to seize the account;
• grounds for reversing the decision;
• demands for annulment of the decision.

The official is given 10 days to consider the application. After this period, a decision is made to satisfy the claim.

Within 3 days, the bailiff has the right to refuse to consider the complaint on the following grounds:

• the application deadlines were not met;
• a court decision was made on a similar claim;
• the resolution is not related to the action or inaction of the bailiff.

If the senior bailiff refused to accept the complaint or made a negative decision on it, then the debtor has the right to file an application with the court.

The following documents must be attached to the claim:

• certificates from the place of work or from social security regarding the assignment of benefits;
• a copy of the bailiff's decision;
• bank account statement;
• a copy of the order about the woman being on maternity leave, etc.

Refund of money from seized child benefits

The judge may require additional documents that reveal the circumstances of the case. The official is given 10 days to consider the complaint.

The result is a decision to lift the arrest. If money was withdrawn from the account, it must be returned within 5 business days.

In accordance with Law No. 41-FZ of March 8, 2005, banks and the bailiff service switched to electronic document management.

In this regard, the debtors themselves are obliged to promptly notify FSSP employees about the accounts into which they receive social payments and child benefits.

Otherwise, the money may be written off to pay off the debt, without official notification of this.

Conclusion

The law prohibits bailiffs from seizing payments for the maintenance of minors. The exception is situations where FSSP employees do not know the reason for granting benefits.

In this case, parents must write an application to remove the block from the account and return the funds.

The complaint can be sent to higher authorities or to the court. The claim must be accompanied by documents confirming that the money is allocated for child support.  

Source: https://pravasemei.ru/deti/dokument/arest-detskih-posobij/

What to do if the bailiffs seized child benefits: where to complain

Nowadays there are more and more debtors in Russia. Due to the economic crisis, until recently quite successful citizens, having lost their solvency for various reasons, are unable to service loans.

It should often be recognized that banks accommodate such people halfway and provide them with temporary relief from the need to repay loans. But, unfortunately, this does not always happen. At the same time, problems are increasingly arising in families raising small children.

This, however, is not surprising, because the mother, while on maternity leave, cannot work and earn money. And the expenses for the child do not allow her to timely service her own obligations to financial institutions.

The situation is greatly aggravated if a woman has to support her child alone.

Bank employees sue debtors and, having received the necessary decision, turn to the bailiff service. The latter, in turn, take certain steps to collect the debt from the borrower.

It is in this situation that, as a rule, the account to which child benefits are transferred is blocked.

Having received a court order, the FSSP employee first of all comes to the unscrupulous borrower. Here he informs him that the debt will be collected forcibly. At the same time, the borrower’s property is assessed. Based on the information received, the bailiff decides how to pay off the non-payment that has arisen.

Meanwhile, the priority for the bailiff is the money available to the debtor, both in national and foreign currencies. Actually, the things in a citizen’s house are of interest to him only if there are no other options left.

Can bailiffs seize child benefits?

At the same time, the law clearly states that the debt cannot be repaid through payments transferred to support the child. After all, this money does not actually belong to the parents.

However, the law does not oblige the bailiff to find out the sources of funds received on the debtor’s card. On the contrary, it is the latter who is obliged to inform the FSSP employee that his account is replenished only thanks to child benefits. In reality, we can say that such cases happen all the time.

Normative base

Article 101 of Law 299, which regulates issues of enforcement proceedings in the Russian Federation, provides a list of income that bailiffs cannot seize. However, this regulatory document does not contain an algorithm for identifying sources of revenue.

The following income cannot be used by bailiffs to pay debts:

• payments to citizens for harm caused to their health;
• benefits assigned after the death of the breadwinner;
• compensation for persons affected by radiation;
• financial assistance for children;
• alimony;
• money transferred to citizens caring for disabled people;
• social insurance contributions;
• maternal capital;
• funeral allowance.

• And this is not a complete list.
• But the inaccuracy of the legislation led to disputes between citizens who were late in paying their debts and the Bailiff Service, because the money coming into the account was withheld without clarifying its nature.
• The situation has definitely changed since the spring of 2015. An addition was introduced to the law mentioned above, based on which the bailiff, when seizing property, is obliged to demand from the debtor documents for:

• movable and immovable property;
• money received as income;
• funds saved in banks;
• pledges.

In this case, a copy of the relevant decision on the commencement of proceedings must be sent to the defaulter no later than one day after the decision is made. Then the debtor is given 5 days for the voluntary payment on his part to reach the recipient before the imposition of sanctions.

During this period, the person involved has the right to submit to the Bailiff Service all documents confirming that he has income from which the debt cannot be written off.

In this case, you will need to obtain a certificate from the employer or from social security, which would confirm that the money transferred to the card is child support. It should also contain information about the regularity of payments.

In addition, you will also need to bring confirmation that these amounts are transferred specifically to the seized account. This, for example, could be a copy of the order for the accrual of benefits from the mother’s place of work.

Read also: Single mother's benefit in 2020-2021

Where to contact

If the bailiffs seized children's benefits, then what to do? In a situation where, for some reason, funds from social payments received on the card are blocked, you will need to contact the FSSP with a statement written in free form.

The appeal must be addressed to the bailiff who previously issued the arrest order. The application must include, among other things:

• basic information about the defaulter and the creditor;
• production number;
• subject of recovery.

It should also be noted that the money withheld is income from the list specified in the above-mentioned article of normative act 299.

What documents are needed to apply for a subsidy for housing and communal services?

How long does it take for an arrest to be lifted?

When will the account be unblocked? There is no clear definition on this issue in Russian legislation. Nevertheless, lawyers believe that in this case the requirements regarding the return of money withheld by bailiffs in an amount larger than required (10 days) are applicable. At the same time, it should be noted that in this situation the bailiff must take care of canceling the previously adopted resolution and issue a refund of the illegally written off funds.

1. In addition, the Civil Code has a rule according to which, if the obligation does not have an exact deadline for fulfillment, the general rule should apply - seven days from the date of receipt of the request for a refund.

Source: https://rusposobie.ru/pri-rozhdenii/chto-delat-esli-pristavy-arestovali-detskie-posobiya-kuda-pozhalovatsya.html

Do bailiffs have the right to seize money from child benefits?

Child benefits

18.09.2017

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Have you come to the bank, but it is impossible to withdraw money from child benefits? It turns out that the bailiff seized the funds on the card or account. What to do in such a situation, is it possible to withdraw child benefit?

Bailiffs do not have the right to withdraw money from child benefits, but it happens. We’ll talk about why this is possible below, but for now let’s focus on state guarantees for the targeted use of payments intended for children. According to the Family Code, the child has the right to alimony, pension and social benefits.

Article 60, Part 2 of the Insurance Code obliges to spend these funds exclusively on the baby. Consequently, no one from the family is their owner; parents only have the right to dispose of them. The income belongs only to the child, although it is in the account of the mother or father until he reaches adulthood.

Therefore, the ban on the use of children's products is illegal.

We reach this conclusion not only by inference. Federal Law “On Enforcement Proceedings” (Article 101, paragraph.

12) directly states that federal, regional and extra-budgetary benefits for children cannot be seized. But changes to the law adopted in 2015 (Article 30, paragraph 14.

1), obliges citizens whose accounts and cards are blocked by bailiffs to report if payments to a child are transferred to them.

The following funds paid to children are not subject to seizure:

1. 1. Maternity payments. Women who went on maternity leave receive the full amount immediately.
2. 2. For timely registration. Issued to women who are registered for pregnancy up to 12 weeks.
3. 3. At the birth of the baby. Registration for workers - at the place of employment, for non-workers - in the Social Insurance Fund;
4. 4. Child care. One of the parents or a relative caring for the child can receive it.

It is also prohibited to arrest:

• maternity capital and anti-crisis payments to it;
• alimony and monthly benefits for children from the regional budget;
• survivor pensions.

There are situations in life when a family cannot cope with financial obligations: paying bank loans, taxes, utility bills, and the like. Debts are growing, and the time comes when creditors move from demanding payments to court assistance.

After the court decision is made, the writ of execution is transferred to the bailiff service. They open enforcement proceedings, within which the debtor’s wages and all accounts are seized.

Along with all the funds, bailiffs, without even knowing it, can seize child benefits.

When the money is transferred, it becomes anonymous: that is, the bank does not care from what source it was transferred. All funds are converted into a bank deposit, which is calculated by the total amount of receipts.

In addition to children's money, the account usually contains other income: salary, pension and income from other sources. It is not child benefits that are seized, but the accounts of debtors in which they may be located.

The duties of the bailiff do not include checking the sources from which the money transfers came. Yes, he cannot see where the money came from. He receives bank details of debtors whose funds are subject to seizure.

He carries out the court decision, not knowing whether there are funds intended for children on these accounts or cards.

So, parents can assume (and after a court decision, know) that their funds in banks will be seized by a bailiff. They also know very well where payments to children are transferred.

The only thing left to do is not hope for chance, but take concrete steps to ensure that the money remains accessible. By law, parents themselves are obliged to inform the judicial executive power where the money came from.

This should be done immediately, until the executive service prohibits access to the accounts.

By law, debtors are required to provide documents to confirm the source of the funds transfer:

• if there are benefits from social insurance on the card or account, present a certificate from the Social Insurance Fund or from the place of work, which indicates the amount and date of transfer;
• to protect state or regional social benefits, a certificate from social security is provided;
• if there is a threat of anti-crisis payment to maternity capital, a certificate is taken from the Pension Fund indicating the account to which the funds were transferred.

This should help prevent children's money from being blocked and comply with the law. It is better to have a separate account or bank card for child payments and other income that cannot be seized to avoid unnecessary confusion.

There are situations in life when a parent, confident in the availability of money, tries to withdraw it from a bank card, but nothing works. At the bank he is surprised with the unpleasant news that the funds are not available.

If the parent believes that this is a mistake, they should obtain information from the bank about who imposed the ban and on what basis. After reviewing the information, contact the bailiff who seized the funds and ask for clarification.

According to the law, arrest can only be imposed by a court decision, about which the bailiff is obliged to inform the debtor. If there are no debts, his behavior is illegal.

But it happens much more often that there are debts, the court decision was known, but no steps were taken by the family to prevent unpleasant consequences. Then the account owner can only contact the bailiff who executed the decision.

As with any government organization, the application must be in writing. A statement is written in any form demanding that the arrest of payments be lifted. The application must be accompanied by evidence of the applicant's receipts indicating the amount, date, and source of the transfer.

Certificates are taken from the place where assistance is issued for the child.

After the executive service receives evidence that the money in the account belongs to the children, it is obliged to lift the arrest, since it is not permitted by law. Some officials claim that the money has not yet arrived, and as soon as it does, it will be returned to the applicant.

This is an excuse, you should contact your superiors with a complaint.
This method of action is the fastest if the bailiff service treats you with understanding. If the consideration is delayed, you should go to court. It is possible that the bailiff is deliberately delaying the satisfaction of the debtor’s application. After all, there is a deadline for filing a claim. If you do not file it on time, the judgment will most likely be on the side of the creditor. The bailiffs know this, they promise citizens to resolve the issue, but they are guided by their official interests: to execute the court decision at any cost.

The period for appealing the decision of the bailiffs administratively or in court is 10 days from the date of its issuance.

If the deadline is missed, you can ask for a review of the case only if you provide good reasons for missing the appeal deadline. You can appeal against the bailiff’s actions either administratively or judicially, without respecting the order of priority, or in two ways at the same time.

Source: https://krugompravo.ru/vyplaty/detskie/imeyut-li-pravo-sudebnye-pristavy-snimat-dengi-s-detskogo-posobiya.html

Seizure of child benefits

Can child benefits deposited into a citizen’s personal account at a banking institution be seized? Bailiffs have the right to seize all funds coming to the account of the debtor-recipient, with their subsequent recovery on the basis of Art. 69 Federal Law No. 229 in order to fulfill the requirement of executive documents. Seizure of accounts is possible if the following grounds arise:

• the amount of funds that must be withdrawn from the debtor’s account exceeds 10,000 rubles ;
• there is a writ of execution in force, which contains a requirement to recover funds from the debtor to pay periodic payments;
• the debtor has insufficient funds or no money or other material assets that can be used during the full execution of the requirements of the enforcement documentation.

Prohibition on collection of child benefits

Article 101 of Federal Law No. 229 provides for a number of benefits for children, the collection of which is prohibited for bailiffs:

• maternity capital paid to families with children on the basis of Law No. 256-FZ of December 29, 2006 ;
• child support received by the debtor parent;
• a monthly payment or benefit received from the regional budget for a child whose parents do not want to pay child support;
• insurance payment for compulsory social insurance;
• child benefit in connection with the death of his breadwinner ;
• funds that are paid to the debtor-parent or debtor-guardian in the form of compensation for damage to health or due to the death of the breadwinner at work;
• one-time material benefits transferred to a bank card or account, provided to citizens due to past natural disasters, terrorist attacks or in the form of humanitarian assistance;
• social benefits for children for the funeral of their parents.

Changes in legislation

Federal Law No. 229 came into force . According to the amendments made ( clause 14.1, art.

30 Federal Law No. 229 ), persons who cannot withdraw child benefits due to a seizure, need to provide the bailiff with documentation confirming that the seized money is payments for children. Such a document, which is submitted along with the complaint to the bailiff, may be:

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1. a certificate from the Pension Fund, if money that is part of maternity capital in the amount of 25,000 rubles ;
2. a certificate received from the social security authority about the issuance of state benefits under the social security program, which is paid from budgetary funds;
3. a certificate issued by the employer about the amount and date of social insurance benefits transferred for children.

The procedure for appealing the arrest of “children”

What to do if child benefits are seized by bailiffs or money is written off by bank employees from the account to pay off the debt? According to paragraph 1, art. 121 Federal Law No. 229 dated 02.10.2007

Source: http://lgoty-expert.ru/posobiya/detskie-posobiya/arest-detskix-posobij/

Seizure of child benefits by Sberbank

Good day to all. Maybe someone will find this experience useful, because... I found out on the Internet that this is now a very widespread practice, from which hundreds of people have suffered.

Read also: Amount of child support to parents: what is the amount of payments

Yesterday I saw something surprising on my card balance. Minus 46t.r. I rushed to understand the situation. It turned out that 4,500 rubles were written off from the account and another 46 thousand were arrested. It's on a debit card. The bailiffs said that I was not registered with them and sent me to a judicial institution.

The court office said that there was a certain court order to collect rent arrears at my place of registration (I live with my husband at his place, and my parents, as it turned out, had a huge rent debt). When I asked why the child benefit was written off, although this was against the law, I was sent to look into the housing and communal services department.

The housing and communal services reported that they took the order to Sberbank, and where the bank writes off what it does is none of their business. Sent to Sberbank. Having called Sberbank, I found out that the bank had nothing to do with it, they had an order to freeze the account and that’s why it was arrested, this issue needs to be taken to court.

The circle is closed) I nevertheless went to Sberbank and provided them with a certificate stating that this money was an allowance and they had no right to touch it. We filed a statement, but the girl manager said that there was a similar case before me and the bank refused to lift the arrest. And also, even if the arrest is lifted, no one will return the money to me.

They promised to consider it no earlier than September 8th, or even later, which means that I will lose benefits for September too. And no one takes responsibility for the arrest of this account, they play from the court to the housing and communal services, from the housing and communal services to Sberbank, from Sberbank to the court. I won’t write about how many times I went to them during these two days. As a result, we arrived at the prosecutor's office.

They said that my application would be accepted, but the review, just like an application submitted to the bank, would take 30 days.

In response to my question, how can I get my benefits back, I was told that after the arrest was lifted from the account, I should write an application to the bank for the return of funds withdrawn during the arrest (after all, having lifted the arrest, the bank admitted that it was impossible to arrest and withdraw money from this account he had no right), and in case of refusal, go to court with his application for a refund and the bank’s refusal. The matter is simple and does not require the involvement of lawyers. Moreover, the lawyers told me the amount of 2 thousand rubles for filing such a claim in court. The prosecutor's office said that this is the simplest extortion by lawyers during a crisis. I just need to type the claim I am interested in into an Internet search engine and fill out the first template. In the same way, a claim is drawn up by lawyers, but for 2 rubles =)

In general, this is the result. Anyone who is faced with the arrest of child benefits, run to social protection, get a certificate that children's money is being deposited into this account and go to the bank to write an application to lift the arrest. If refused, go to court.

What was most upsetting was the bank representatives pretending that they had no idea that benefits were coming into this account, when in fact they knew everything perfectly well. That's why it is hoped that the mother and child will not run around and get their money back. And even if it does, then while she is running, money is safely flowing out of her account.

They take and illegally seize accounts with child benefits, and then send them from department to department until they run out of strength.

If anyone is interested in how it all ends, I’ll write more. All the best ;)

Source: https://www.baby.ru/blogs/post/490089663-133054720/

Do bailiffs have the right to seize child benefits?

Encyclopedia of the Free Legal Consultation Service » Bailiffs » Do bailiffs have the right to seize child benefits

Content

In common parlance, child benefits are the compensation payments that one of the child’s parents receives before the child reaches 1.5 years of age. In most cases, funds are sent to the baby’s mother, but if she wishes to leave maternity leave early, then the child’s father or working grandparents can apply for child care benefits.

The amount of accrual depends on whether the mother had a permanent place of work before going on maternity leave. A working woman is paid a benefit by her employer in the amount of 40% of average earnings, and other categories of women giving birth who do not have employment are paid compensation in a fixed amount by the state through social protection authorities.

The accrued amounts are transferred monthly to the personal account or card of the child’s mother.

In a woman’s life, a situation may arise that one day, when she tries to pay with a card, she discovers that she cannot do this, since the payment terminal refuses to carry out the operation.

When contacting the bank, they explained to her that the funds received in the form of child benefits were seized by bailiffs.

What to do if child benefits are seized?

First, you need to remember what debts the recipient of the benefit has. If your memory fails, then get a bank account statement and demand information: who seized the account and on what basis.

If a bank employee issues a copy of the arrest order, you should contact the bailiff who issued it and ask for clarification. An employee of the bailiff service is obliged to provide you with complete information on the basis on which you are a debtor in enforcement proceedings.

According to the law regulating the activities of bailiffs, the bailiff had to notify the recipient of the child benefit that proceedings had been initiated against him in accordance with the judicial act that had entered into legal force. Failure to comply with this requirement entails the illegality of the bailiff’s actions, in connection with which you can file a complaint against him in court or to a higher official.

If the debtor, the child’s mother, knew about the existence of the debt and all formalities were followed, then the following should be done.

Child benefits are not subject to seizure

Federal Law “On Enforcement Proceedings”, Article 101 defines a complete list of income received by citizens, which the bailiff cannot seize due to the prohibition established by law. Paragraph 12 of this article stipulates that the above includes benefits for citizens with children, paid from budgets of various levels.

Thus, the executor does not have the right to seize funds that are state assistance to persons with children under 1.5 years of age. However, it is unlikely that his actions will be recognized as illegal, since the money on the account or card can be impersonal and the bailiff does not see where it came from and cannot determine its intended purpose.

P. 14.

Article 30(1) of the law states that when initiating enforcement proceedings, an employee of the bailiff service must necessarily request from the debtor information and evidence of the presence of a source of income that cannot be seized and foreclosed on. That is, the interested person is obliged to strive to inform the bailiff, otherwise he will bear the risk of adverse consequences in the form of seizure of child benefits.

In order to comply with the bailiff's request, the debtor must submit:

• child's birth certificate;
• a copy of the work book;
• a copy of the employer’s order to provide maternity leave;
• a certificate of the amount of accrued compensation;

Non-working mothers are required to send:

• documents for the child;
• a certificate from the social security authority regarding the calculation and payment of benefits.

From the moment of receiving information that the funds received into the debtor’s account are child benefits, the bailiff must make a note in the materials of the enforcement proceedings and not seize amounts protected by law.

What should I do if my benefit account is seized?

If after visiting the bailiff everything becomes clear and the enforcement proceedings are justified and legal, then the debtor must submit an application to remove the seizure from the account in part of the received child care benefits. The application must be accompanied by a bank statement indicating that the money came from an appropriate source, such as an employer or a social security agency.

You will also need to confirm that this is indeed compensation for the mother for the maintenance of the child, for which you need to submit a certificate from the organization where the mother worked before going on maternity leave, that the payments are a benefit, indicating the amount transferred and the date of the operation.

The same document must be issued by the social security service, which transfers money to unemployed mothers. According to the provisions of the law on enforcement proceedings, petitions are considered within 10 days, after which a decision must be made to lift the arrest.

How to remove a seizure from child benefits?

If the bailiff refuses to lift the arrest, his actions can be appealed to a higher official of the service or directly to the court. The deadline for filing a complaint is 10 days from the moment a person becomes aware of a violation of his rights, so there is no point in postponing the case.

You will need to obtain from the executor the materials of the enforcement proceedings, a copy of the seizure order and write a statement in which you must indicate all the circumstances and facts referred to by the debtor. Attach a bank statement, employment or social security certificate as proof.

 The complaint must be considered by the court or a senior bailiff within the same 10 days, after which, if the decision is positive, the arrest must be lifted.

The invalidity of the bailiff’s actions is the basis for the recovery of damages caused, therefore, if, as a result of a violation of the rights of the benefit recipient, he was unable to use the money and pay some urgent payment, then the negligent bailiff service employee can be required to compensate for the damage.

If the money was not only seized, but also written off from the account, then the return must be made at the expense of the organization in which the executor works on the basis of a court decision or a resolution of a superior person.

In a situation where the child’s mother decided to interrupt maternity leave and go to work early, such benefits can be accrued at the place of work of the father, grandmother or grandfather, who wants to look after the baby until he turns 1.5 years old. If the listed persons themselves are debtors in enforcement proceedings, they must submit an application to the bailiff in advance and attach all supporting documents.

These may include: an application for maternity leave, an order for calculating benefits.

At the request of the mother, the leave can be extended until the baby is 3 years old; until this time, the state also stimulates the woman and pays, albeit small, monthly contributions for the maintenance of the child. They also cannot be arrested, therefore, in order to protect the rights of the mother and her children, it is necessary to inform and warn the bailiff in a timely manner.  

Source: https://advokat-malov.ru/stati/imeyut-li-pravo-sudebnyie-pristavyi-arestovat-detskoe-posobie.html