Search for alimony debtor: sample application, how to submit

According to statistics, the timeliness of alimony payments in Russia leaves much to be desired. There are very common cases in which child support is collected, a writ of execution or a court order is presented to bailiffs for execution, but the negligent parent does not make payments and does not appear in the child’s life.

At the same time, it can be difficult to force him to pay off his alimony debt. There are also frequent cases when nothing is known about the current location and residence of the alimony provider. In such a situation, you should not wait for the debt to accumulate; the only way out is to initiate a search for the alimony payer, conducted by the Bailiff Service (FSSP).

Let us consider in detail how to put a child support debtor on the wanted list.

Procedure applied

Federal legislation (in particular, the law “On Enforcement Proceedings”) establishes the procedure for the actions of a bailiff when conducting investigative activities.

Thus, Article 65 of this law defines the rules for searching for alimony debtors. Such a procedure can be carried out by an authorized bailiff only during enforcement proceedings.

That is, the employee will be able to begin such measures only if in this department of the FSSP, on the basis of a court order or writ of execution, proceedings have been initiated to collect alimony from a certain citizen.

In addition, the search activities of the bailiff will be competent only if all other actions performed within the framework of the proceedings did not lead to the establishment of the location of the alimony payer or the property belonging to him.

The law established that the grounds for putting a child support worker on the wanted list are:

• the bailiff's own initiative;
• statement of the payee (that is, the collector).

Procedure for drawing up an application

If circumstances arise that clearly indicate that the arrears of alimony payments are only increasing, and the actions of the bailiff are not enough to find the debtor and collect the amount established by the court, the question of the need to search for the payer and his property should be raised. To do this, you will need to competently draw up an application for a wanted notice for an alimony debtor.

The application is submitted to the FSSP. The following may contact the executive service:

• the collector - that is, the recipient of alimony payments - as a rule, this is the parent with whom the minor child permanently resides, for whose maintenance the court has collected alimony;
• representative of the claimant - any person who has a notarized power of attorney for the right to contact the bailiff service on behalf of the payee.

How to write an application correctly? To compile it, it is better to use the established form. In addition, in order to fill it out and submit it for consideration, you will need certain information (this must be indicated in the text of the document itself). So, a sample application to search for a debtor contains:

1. Full name and residential address of the claimant.
2. Number of the enforcement proceedings on the basis of which alimony is collected.
3. Number, date of issue and essence of the requirements contained in the writ of execution, which is the basis for alimony payments.
4. Full name and preferably passport details of the payer, as well as all information known to the collector about his intended location, his property, contact details, family ties, telephone numbers, etc. In short, any information that can speed up and facilitate the search process.

The following must be attached to the application:

• a copy of the resolution on the initiation of alimony proceedings by the bailiff service;
• a copy of the representative’s power of attorney (if the application is not drawn up by the recipient of the payments personally).

• A sample application can be downloaded:
• The document should be prepared in two copies: one for the executive service, the second - left with a note on the date of submission.

Further events

What are the consequences of applying to the FSSP? In accordance with the law, the authorized bailiff is obliged to consider the application within three days from the date of its receipt. The result is a resolution to place the debtor on the wanted list or to refuse to do so.

1. The resolution is issued by an authorized bailiff and contains a list of enforcement actions that he has the right to perform during search activities.
2. It is important to know that if the debtor was not previously subject to a ban on leaving the Russian Federation, then from the moment the Resolution on putting the alimony person on the wanted list is issued, such a ban is established.
3. During the search, the bailiff has the right to take the following actions:

• request from relevant official sources information and information about the debtor himself, as well as about his property;
• interview citizens associated with the payer;
• make necessary inquiries and study relevant documents;
• enter the territory and inspect the premises, buildings, structures, and land plots belonging to the debtor;
• inspect cars or other vehicles of the alimony payer.

To carry out the activities provided for by law, the bailiff has the right to use any data and information provided to him by the collector in relation to the defaulter.

How long does the search take? The above-mentioned Article 65 of the Law does not establish a specific period allotted to the FSSP to search for an alimony provider. In practice, such activities are carried out until results are obtained.

If the location of the alimony holder himself or his belongings, car or other property is discovered, it becomes possible to force him to pay the resulting debt.

Indeed, among other actions permitted by law, the bailiff has the right to seize and transfer for forced sale the property of citizens who evade repayment of alimony debt.

How to put a child support debtor on the wanted list

For debts over 10,000 rubles. The bailiff has the right to announce a search for the alimony debtor. This is one of the enforcement measures for the forced collection of funds. It has consequences for all parties: both for the alimony obligee and for the claimant. To start a search, the bailiff must make sure there are grounds and carry out a number of actions.

Grounds for putting alimony debtor on the wanted list

Contents (click to open)

The state protects the interests of children in the first place, therefore the Federal Law of October 2, 2007 No. 229-FZ provides for such a measure as executive search. The basis for its announcement is a combination of the following factors:

• debt amount over 10,000 rubles;
• inability to establish the exact location of the alimony obligee;
• non-payment of alimony due to the fault of the payer;
• dismissal from work without subsequent notification of the bailiff;
• There is no way to contact the alimony payer by phone due to his fault.

Important! The executive search is used if other measures of influence on the debtor are ineffective. This may be preceded by the seizure of bank accounts if they do not have enough funds to repay the debt.

Simultaneously with issuing a search warrant, the bailiff has the right to restrict the right to use a driver’s license and prohibit travel outside the Russian Federation. The search is carried out on the initiative of the claimant or the bailiff himself, who has discovered a sufficient number of grounds for this.

Purposes of the search

Search activities are carried out to achieve the following goals:

• Establishing the actual address of the defaulter.
• Finding out the location of his property for subsequent sale after the arrest and seizure procedure.
• Notification of the possibility of administrative or criminal liability.

The latter is the most important for the bailiff. According to the law, to attract under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, the debtor is allowed only after prior notice of this. The alimony obligee is given a month to voluntarily repay the debt after receiving the corresponding letter.

If administrative measures have no effect on the payer and he has again accumulated debts or has not repaid previous ones, prosecution under Art. 157 of the Criminal Code of the Russian Federation.

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Who conducts search activities

The initiator of search activities is the bailiff who issued the relevant decision or the recoverer. The presence of this document is the basis for applying a set of measures aimed at identifying the location of the debtor and his property:

• requesting information from financial organizations, the Pension Fund;
• obtaining information about the property owned by the person liable for alimony, on which an encumbrance can be imposed (prohibition of registration actions);
• checking the defaulter’s real estate and vehicles in order to identify his location;
• interviewing neighbors and acquaintances;
• dissemination of information about the wanted person using means of communication, posting an advertisement on the official website of the FSSP;
• sending requests to government agencies: Federal Tax Service, customs authorities, traffic police, Ministry of Internal Affairs, etc.;
• studying documents belonging to the debtor;
• obtaining personal data about the defaulter.

The above measures make it possible to limit the legal capacity of the person liable for alimony as much as possible: as soon as he decides to purchase or sell real estate or go abroad, the bailiffs will become aware of this.

The procedure for putting a debtor on the wanted list

As mentioned earlier, the initiator of search activities can be the bailiff or the debt collector himself. It is important to consider that putting a debtor on the wanted list is possible if enforcement proceedings have been initiated, if other methods of influence have not helped.

If the procedure is carried out at the initiative of the creditor, everything looks like this:

1. An application is submitted.
2. The application is considered by the bailiff within 3 days from the date of receipt, then a decision is made. It is submitted for signature to the head of the territorial division of the FSSP.
3. Within 1 day, the parties to the individual entrepreneur receive copies of the resolution. One of them is sent to the debtor at the address of registration or last known place of residence. To end the search, it is enough for him to appear at the FSSP, and in order to avoid being brought to administrative or criminal liability, he must pay off the debt or submit certificates confirming that the debt arose through no fault of his.
4. During the search, the bailiff sends information to all government agencies to identify the actual location of the alimony payer.

If the enforcement search does not produce results within 1 year, the bailiff explains to the collector his right to declare the debtor missing through the court. If there is a court decision, it will be possible to issue survivor benefits for the child.

Where to contact

An application to put a debtor on the wanted list is submitted to the FSSP unit where the individual entrepreneur was initiated. Subsequently, on the basis of the resolution, search activities can be carried out:

• at the place of individual entrepreneur;
• location of the debtor's property;
• his last known address.

How to make an application

The legislation does not establish a specific form of application for putting a debtor on the wanted list. The form can be downloaded from the link below or taken from the FSSP department. When filling out, please indicate the following information:

• full name of the FSSP;
• Full name and position of the bailiff, leading individual entrepreneur;
• Full name, date of birth of the debtor;
• the date of the last alimony payment, the total number of months of delay;
• circumstances: impossibility of maintaining telephone communication with the alimony obligee, his deliberate concealment from the claimant, etc.;
• request to put the defaulter on the wanted list;
• date of compilation and signature.

Application to search for alimony debtor - download sample

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

When filling out an application, you must refer to Art. 50 Federal Law No. 229, which gives claimants the right to petition the bailiff to take enforcement action. You should also indicate Art. 65 Federal Law No. 229, according to which, if there are grounds, the defaulter is put on the wanted list.

Documentation

When submitting an application to the FSSP you will need:

• passport;
• a copy of the resolution to initiate IP;
• a certificate of the bank account where alimony should be received - it confirms the fact of non-payment of money from a certain date.

Certificates of the debtor's earnings may also be useful.

Terms of proceedings

After receiving an application from the claimant, the bailiff is given 3 days to issue a decision to declare a search. It must be signed by a senior bailiff. The total period is 1 year.

Grounds for refusal

The reason for refusing to satisfy an application may be the provision of an incomplete package of documents or the lack of grounds for putting the defaulter on the wanted list:

• the amount of debt is less than 10,000 rubles;
• the location of the alimony obligee is known, he maintains contact with the claimant and the bailiff.

Let's look at a practical example:

The Agafonovs divorced in 2015, leaving a minor son with the woman. Until 2018, the man regularly paid alimony in the amount of 25% of his earnings (8,000 rubles), but in July he did not transfer the money.

Read also: Temporary custody of a child: without deprivation of parental rights, by grandmother

The ex-wife immediately turned to the bailiff with a request to issue a resolution to put the alimony person on the wanted list.

Having examined the documents, the FSSP employee issued a written refusal, citing a small amount of debt and the absence of signs of malicious evasion. They established that the payer was not hiding from payment and was getting in touch, and the delay was due to a delay in wages.

How to recognize a debtor as missing

Recognizing the debtor as missing allows you to apply for survivor benefits. This is possible if within 1 year after the search was announced it was not possible to establish his whereabouts (Article 42 of the Civil Code of the Russian Federation).

The recognition procedure is carried out in court and looks like this:

1. The plaintiff (claimant) files a statement of claim with the district court at his place of registration or residence.
2. When considering a claim, the judge requests information from the FSSP and other government agencies to identify the latest actions on behalf of the absent citizen.
3. A court date is set. The case is considered with the participation of the prosecutor's office.
4. If necessary, a trustee for the debtor's property is appointed.
5. If a claim to declare a citizen missing is satisfied, an extract from the decision is sent to the registry office for entering information into the documents.

Consequences for the debtor

If the debtor is deliberately concealed from the claimant and the bailiffs, when carrying out transactions involving government agencies or banking institutions, the debtor will be detected if information about the search was sent there by the bailiff.

Subsequently, the individual entrepreneur is transferred to the FSSP at the place where the defaulter is detected. Compulsory collection is carried out there. The court decision to declare a citizen missing is subject to cancellation, and the registry office entries are cancelled.

Documents for court

When going to court, the following is provided along with the claim:

• writ of execution (IP);
• a copy of the search warrant;
• passport;
• child's birth certificate;
• receipt of payment of state duty in the amount of 300 rubles.

When representing the interests of the plaintiff, a legal representative will need a notarized power of attorney.

Changes in legislation

Source: https://SocPrav.ru/kak-podat-v-rozysk-dolzhnika-po-alimentam

How to put a child support debtor on the wanted list: step by step, sample application

Last modified: January 2020

When alimony payments cease to be received, the legal representative of the minor has the right to apply for compulsory collection of the debt.

In case of evasion of payments and concealment of his location, various sanctions may be applied to the defaulter.

Information on the collection procedure and how to put a child support debtor on the wanted list is consistent with federal legislation, in particular, Law No. 229-FZ.

A delay in payments of several days is not a reason to carry out a search for a person who is in arrears on alimony. When a situation arises with many months of absence of contributions and the inability to contact the debtor, it is worth studying the sequence of actions and features of the alimony search procedure.

General provisions

The basis for collection is a court order, decision, pestilence agreement. According to Art. 65 Federal Law No. 229, an executive search is carried out - comprehensive measures to find the whereabouts of a person who has alimony debts, as well as a search for property that can be taken into account as alimony or sold as payment.

Search measures for the fulfillment of alimony obligations are carried out by a responsible FSSP employee who has the authority to carry out search actions.

When it is impossible to find a person, and the fulfillment of financial obligations has been stopped, the FSSP announces a search for alimony debtors. Due to the difficulties of searching and the lack of sufficient powers and resources, parents raising a minor turn to the bailiff to organize search activities.

Grounds for searching for alimony debtor

The following situations may trigger official action to locate the defaulter:

• The parent evades obligations to support the child.
• The debt exceeded 10 thousand rubles.
• The bailiff cannot establish contact with the debtor due to the lack of information about a valid telephone number for communication.
• The parent who does not pay funds in favor of the child does not live at the registered address known to the bailiff.
• The debtor quit his previous job, but did not inform the bailiff or the recipient of alimony about the new place.

• The above circumstances together give the right to contact the collection department of the Bailiff Service to write a statement with a request to put a person who has not paid alimony for a long time on the wanted list.

Powers of the bailiff

The powers of the bailiff include many ways to find a person:

• Sending inquiries about the citizen of interest to the country's financial institutions.
• Using personal confidential information about a citizen who has a debt for the purpose of organizing repayment.
• Performing checks on citizens' personal papers.
• Check at certain addresses, inspection of premises, buildings, movable property.
• Processing of documents in various areas in order to determine the location of the defendant.
• Interviewing people from the defendant’s inner circle.
• Dissemination of information about search activities through various sources, including the Internet.
• Interaction with the Pension Fund of Russia, financial institutions, law enforcement agencies.
• Sending requests to the State Traffic Inspectorate, structures of the Ministry of Internal Affairs, and the Federal Tax Service.
• In order to establish the residence address of a citizen, requests can be sent to Rosreestr, customs officers, and employees of the fiscal authority.

1. After the defendant is found, further enforcement actions will continue at the address where the debtor belongs.

Deadlines

Despite all the measures taken, it is not always possible to track a person’s whereabouts, especially with frequent movements, lack of registration, official earnings, or property. In some cases, the search may take years.

All this time, the mother alone provides for the child financially, participating in the development and formation of personality. The absence of information about a person does not relieve him of his obligations, and rather severe penalties are provided for a persistent violator, both within the framework of administrative regulations and under the Criminal Code of the Russian Federation.

During the entire time during which a person is on the wanted list, the claimant cannot seek help from the state in the form of benefits or subsidies for a child left in the care of a single parent, which violates the civil rights of a minor.

In this regard, legislators proposed amending Art. 43 of the relevant law, as well as in Article 278 (part 1) of the Code of Civil Procedure:

1. If the search, which lasts a year, does not lead to the discovery of the debtor, the writ of execution must be returned to the recipient of alimony, and enforcement proceedings are terminated.
2. The claimant has the right to receive clarification on the procedure for recognizing the father as missing or deceased, which in the future will allow him to receive benefits from the state.

Recognition of an alimony defaulter as missing gives the right to apply to government authorities for a survivor's pension, which often coincides in level with the alimony that was not received.

Description of the procedure

The process of searching for an alimony payer is multi-stage and includes several types of activities in relation to the debtor and the claimant:

• Finding out the place of residence of a person who has debts to pay child support.
• Identification of objects of property, movable property from which funds can be recovered for the child, arrest is imposed.
• Notifying the debtor about emerging obligations, with the delivery of a notification against signature, about the possibility of bringing to justice under the Criminal Code or the Code of Administrative Offenses (Article 5.35.1 of the Code of Administrative Offenses, Article 157 of the Criminal Code).

• Thus, the implementation of the main duties of a bailiff requires interaction with the defendant, and therefore a preliminary search for the person.

It should be taken into account that measures to bring to punishment necessitate contact with the debtor, which means that before bringing to justice, it will be necessary to notify about possible problems.

In the absence of appropriate measures and activity on the part of the FSSP employee, the child’s legal representative can initiate the search process independently by contacting the official under Article 65 of Federal Law No. 229 (clause 3).

If you have accumulated a debt for alimony payments, you must act in the following order:

• Determine the amount of overdue payments - more than 10 thousand rubles.
• On the day designated for receiving visitors, they contact the FSSP department in which enforcement proceedings were initiated with a statement.
• If it is impossible to visit the department in person, the document is sent by mail, by registered mail, addressed to the responsible employee or the head of the department.

1. If the responsible employee of the service refuses to organize a search, this decision can be appealed by sending complaints to:

• Head of the FSSP department.
• A higher authority (in the regional administration).
• The judicial body to which the relevant department of the FSSP, which refused the search, belongs territorially.
• Prosecutor's office, if facts of harboring a defaulter, receiving a bribe, etc. are established.

The text of the appeal must describe in detail what violations were identified, refusal to fulfill obligations, and inaction. If violations are confirmed based on the results of the inspection, administrative liability and sanctions are provided for the employee of the government body.

Drawing up an application

If the search is not organized by the bailiff himself, an application is submitted.

The text of the document is written in free form, in compliance with certain details and form requirements:

1. The header of the application contains the name of the department, position and name of the bailiff conducting enforcement proceedings, information about contacts, personal information about the debtor and recipient.
2. The title of the document should reflect the main reason for the application - the search for a civilian who has overdue payment arrears with reference to the resolution (number, date) and writ of execution.
3. The text of the petition must describe the circumstances and reasons for the application, loss of contact with the second parent, the period of no contact and termination of payments.
4. The conclusion contains a requirement to organize a search based on legislative references. As additions, they include information about the person’s relatives, contacts, and sources of information about the place where the debtor may be located. At the same time, they express a request to find the debtor’s property.

If the legal representative of a minor cannot apply in person, his interests can be represented by a lawyer on the basis of an issued power of attorney.

After a citizen who has evaded the fulfillment of his parental obligations is found and his place of residence is determined by the bailiff, the regulations require preliminary notification of the resulting debt, and only then, after refusing to pay the money, apply penalties in the form of administrative measures with the sale of property to pay debt, or criminal measures with forced labor, arrest, serving a sentence.

Search for alimony debtor - what should the application be and how to submit it

Quite often situations arise when the alimony payer stops or has not even started paying money. It is not possible to establish contact with him: he does not live at his previous address, he quit his job. It's time to file a request to find the debtor.

After the recipient of alimony contacts the bailiff service, enforcement proceedings are opened to collect alimony payments. A mandatory condition is the provision of a court order or a notarized agreement.

After initiating the case, the bailiff is obliged to send the alimony payer at his address a notice of the commencement of enforcement proceedings. He makes an appointment to explain the payer's responsibilities and liability for evasion.

However, even at this stage of execution of the court decision, it turns out that the defendant does not live at the specified address.

The official duties of a bailiff include the duty to initiate a search for a person obligated to pay alimony. But you should not be seduced by the fact that the bailiff will definitely fulfill his duties; this happens extremely rarely. It is better for the collector to apply for the search for the debtor himself, and not expect such a step from the SSP.

At the same time, he should know that, according to Article 65 of Federal Law-229, the bailiff can begin searching for the alimony debtor only if enforcement proceedings have been initiated. In other words, if the bailiff was collecting alimony under a writ of execution, then he has the right to search for the debtor.

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Otherwise, you should contact the police immediately.

First, the official must take measures to independently determine the whereabouts of the debtor: interview relatives, neighbors, acquaintances, and employees. If the measures are unsuccessful, a search decision is made, subject to approval by the senior bailiff.

It is carried out by the Ministry of Internal Affairs. First, the search is carried out within the region. When he is unsuccessful, a federal manhunt is announced. Measures are taken to prevent the debtor from traveling abroad. The relevant services are notified of the passport details and characteristics of the wanted person.

There is no point in waiting until the bailiffs begin to perform their professional duties to search for the debtor. The claimant must take the initiative into his own hands: the sooner the better. After all, time passes, the parent does not pay, and the debts grow. In addition, delay in searching will make it difficult to find the debtor. He can take advantage of the moment and take measures aimed at evading payments:

• change your details and place of registration;
• sell property, real estate;
• go abroad.

The application is submitted to the SSP. It can be filed by the claimant, that is, a citizen permanently residing with a child whom the payer is obliged to support. This right is also granted to citizens representing the interests of the recipient of alimony. They must have a notarized power of attorney to contact the bailiff service, issued by the recipient of alimony.

It is better to write on the prescribed form, but if it is not available, it is permissible to submit an application drawn up in your own hand. The text must indicate information about the enforcement proceedings, as well as everything known about the debtor. As an example, you can use the option below.

It contains:

• information about the bailiff conducting enforcement proceedings;
• information about the claimant;
• information about enforcement proceedings initiated against the alimony payer;
• information about the payer: what is known about his location, property, real estate;
• circumstances of non-payment: the writ of execution according to which the collection is made, from what time alimony is not paid.

Download an example application for searching for an alimony debtor.

The application must contain a requirement to begin searching for the debtor. It is allowed to provide other information that will help in search activities. It is drawn up in two copies, one (with a filing mark) remains with the claimant.

A service officer reviews the petition within three days to make a decision on the legality of the search. If the legality and logic are met, then a search order is issued. Based on this, search operations begin.

The bailiff is required by law to send copies to the alimony recipient and the payer.

You should not hesitate to submit a search application in order to prevent the debtor from taking measures that make it difficult to find him.

To establish the location of the debtor, bailiffs are given ample opportunities. They can act on the basis of available information, request it from the official bodies of Rosreestr, the State Traffic Safety Inspectorate, banking and credit organizations, the tax service, and the Pension Fund.

The bailiff is given the authority to inspect the property of the wanted person, his property. If the payer owns things of value, it is not necessary to continue the search. The bailiff can seize the property and sell it at auction. The proceeds from the sale of property will be used to pay off the debt.

The SSP official has other options for finding alimony workers. If it becomes known that the debtor is moving to another region, he can make a request to the migration service and obtain information available in their database. In addition, he can initiate an administrative case or transfer materials on the search to the police.

If the search activities undertaken by the bailiff and the district police department are unsuccessful, a Federal search may be announced. The bailiff submits to the Ministry of Internal Affairs:

• a copy of the search warrant;
• a photocopy of the application for withholding alimony;
• a copy of the writ of execution;
• a document confirming the citizen’s absence from his place of registration;
• report from the responsible police officer on the search measures taken.

The police have greater ability to establish the whereabouts of a wanted person. If the claimant turns to the bailiff with a statement to initiate criminal proceedings under Art.

157 of the Criminal Code, the search will go faster. Now not just a debtor is wanted, but a suspect.

True, in order to initiate a criminal case, compelling reasons and a number of preliminary measures must be taken by the bailiff.

The executor’s responsibilities include sending a monthly request to the Ministry of Internal Affairs about the progress of the search. Written responses are attached to the enforcement case. The duration of search activities has not been established; they can continue for a long time, but the longer they go, the less hope of success.

The SSP is a government body, and its employees do not have the right to refuse to accept applications from citizens without sufficient grounds. The bailiff must provide a reasoned explanation for the refusal to begin search activities. The claimant may exercise the legal right to appeal the official’s decision by filing a statement.

There are several options for filing a complaint:

• write to the head of the FSSP department or higher authorities;
• contact the prosecutor's office;
• appeal in court.

It should be said that the most effective and fastest way is to contact the prosecutor. A binding decision is made; officials are required to report on the progress of implementation.

There is no established form for complaints and applications. The main thing is to convey all the necessary information in the content. They concern the official: to whom the application was submitted, when, what decision was made.

You should give reasons for your disagreement with the refusal and indicate your requirements.

The hassle of filing a complaint often takes up quite a lot of time, which is spent on drafting, filing, and consideration. But if the recipient of the payments feels that he is right, justice should be sought.

Otherwise, debts will accumulate and the child will be left without financial support from the parent. Bailiffs are reluctant to deal with cases that require increased effort. These include the search for alimony payers.

In many cases, success depends only on the perseverance and perseverance of the alimony recipient.

Search for alimony debtor

There are often situations when the location of the payer is unknown, and this prevents the fulfillment of obligations. If attempts to find the debtor on your own do not produce results, you can hope for bailiffs to search for alimony holders. This function is regulated by the law of October 2, 2007, 229-FZ.

Alimony is funds paid by an individual by court decision to provide for the vital needs of family members who are unable to support themselves for objective reasons. They can be transferred voluntarily or withheld from the debtor’s income.

The search for the alimony provider can be started at the request of the claimant or by decision of the bailiff.

The reasons for this are:

1. Evasion of the defendant from payments under a writ of execution or court order.
2. Termination by the alimony payer of the employment contract at the previous place of work.
3. Lack of information about the debtor’s new employment or his receipt of unemployed status.
4. Inability to establish contact with the defendant by telephone.
5. Absence of the debtor at the place of residence or registration specified in the executive documents.

The time limit for the claimant to appeal to the bailiff has not been established. The recipient of alimony has the right to initiate a search for the hiding debtor at any time before the child comes of age. It will be possible to receive unpaid amounts only for the three years preceding the application to the FSSP.

The decision to search or refuse is made within 3 days from the date of registration of the application. Copies are sent to the plaintiff and defendant. The law obliges bailiffs to look for defaulters in alimony cases, so there must be good reasons for refusal. You can appeal a negative answer in court.

Actions of bailiffs within the framework of a search case

The main regulations governing the search for hiding debtors are 229-FZ and Methodological Recommendations 0014/10 dated April 18, 2014. Based on Art. 67 229-FZ in relation to defaulters whose debt exceeds 10,000 rubles.

, the bailiff makes a decision on a temporary ban on leaving the territory of the Russian Federation. If the writ of execution was not issued by court, only a court can prohibit foreign travel at the request of a bailiff or a recoverer.

On the day the search warrant is approved, a search case is opened and registered.

Actions of bailiffs within the framework of a search case:

1. Request information from official sources.
2. Familiarization with documents confirming the personal data of the wanted person.
3. A survey of citizens is an oral conversation with persons who presumably have information about the debtor and his whereabouts.
4. Making inquiries - obtaining information orally from various organizations and institutions related to the debtor.
5. Inspection of property, inspection of premises, vehicles, land plots belonging to the wanted debtor.

Electronic registers of clients, users, owners, recipients and payers maintained in government agencies, private banks and commercial organizations greatly simplify the task of bailiffs in searching for debtors.

The official sources of information for the investigation are:

• credit organizations;
• bodies of the Ministry of Internal Affairs;
• Federal Tax Service;
• EGRN;
• Pension Fund;
• employment Service;
• social protection;
• other.

Bailiffs carrying out investigative activities have the right to disseminate information about persons evading payment of alimony in all divisions of the FSSP, the media, and post advertisements in public places and on the Internet portal of their department. If the collector, on his own initiative, used the services of a private detective on the basis of Federal Law 2487-1, the bailiff can accept the information received and use it after a mandatory check.

Important! During the inspection, bailiffs must respect a person’s right to non-interference in his private life, not to disclose personal or family secrets, and not to pursue any additional goals other than those specified in the decision to initiate a search case.

All activities to find the debtor within the framework of the search case are carried out within two months. For objective reasons, this period can be extended several times.

Main reasons for termination of the case:

1. Achieving the goal is to establish the location of the alimony defaulter and obtain his written explanations.
2. Discovery of a bank account or property of the debtor, through which it is possible to fulfill obligations.
3. Establishing the fact of the debtor’s death, his departure abroad of the Russian Federation, or residence in the territory of a foreign state.
4. Termination for various reasons of enforcement proceedings in the case of alimony.
5. Obstacles to the implementation of measures on the part of the claimant, if the search is carried out at his request.
6. Making a decision to terminate the search case by a senior FSSP official or a court.

A notice of termination of the case is sent to the applicant and the employee in charge of enforcement proceedings the next day after the resolution is approved by the head of the territorial body of the FSSP.

Methodological recommendations 0014/10 oblige the bailiff conducting search activities to report on their progress and achieved results immediately after receiving a written request from the recoverer.

If the recipient of alimony believes that the bailiff is not fulfilling his duties, is delaying the investigation, or does not use all the possibilities provided by law, he can file complaints up to the top management of the FSSP or to the courts.

During the search period, the claimant has the right to receive a child benefit increased by 50%, assigned by social protection authorities. You must provide a certificate from the FSSP stating that alimony is not being transferred and the debtor is wanted. If a year has passed since the last information about an individual obligated to pay alimony was received, and the search for him by the FSSP bailiffs did not produce results, the claimant can ask the court to recognize the alimony provider as missing. Based on a positive decision, you can apply for a survivor's pension.

Criminal liability for persistent defaulters

A person who evades paying child support for two months commits an offense under Art. 5.35.1 Code of Administrative Offenses of the Russian Federation.

The court can arrest him for 10-15 days, send him to community service for a period of up to 150 hours, or fine him 20,000 rubles.

Read also: How to transfer a child to home schooling: by law, due to illness, at will

If the violation continues for another two months, it may be regarded as repeated. In this case, the debtor will have to answer under Article 157 of the Criminal Code of the Russian Federation.

FSSP officers initiating criminal prosecution can cite the following arguments to justify the legality of using Article 157 of the Criminal Code of the Russian Federation:

1. The debtor has intent to fail to comply with a court decision on alimony.
2. Change of employer without warning to the claimant or bailiff.
3. Concealment of real income.
4. Lack of desire to find a job or register as unemployed.
5. Lack of response to the bailiff’s demands for payment of alimony and his warnings about possible liability.

A court that finds a debtor guilty may imprison him for a year, arrest him for 3 months, or send him to correctional labor for 12 months.

Source: https://lawinfo24.ru/family/alimenty/rozysk-alimentshhikov

About an application to search for an alimony debtor: how to write an application to the bailiffs

Most married couples cannot get along together and soon end their marriage. It’s good if they don’t have common property, much less minor children, who will definitely have to be divided through the court. In the best case, the spouses independently agree on who the child will stay with, and in the worst case, they begin to compete and confront each other, demanding alimony from each other.

This can be done by both the wife and the husband under the pretext of insufficient material support. It even gets to the point where one of the spouses simply goes into hiding so as not to pay the other for child support. Only such situations are already provided for by law, and the guardian has the right to file an application to search for the alimony debtor so that a case can be initiated against him.

How to put a child support debtor on the wanted list

Alimony is ordered by the court. When such a decision has already been made, bailiffs visit the payer and bring them up to date. They must voice his rights and obligations, as well as the amount of money that he will give to the second spouse for child support.

However, it doesn't always work out that way. There are cases when the alimony holder is simply not there, that is, he does not live at the address that the plaintiff indicated in the application for alimony.

Then the bailiffs begin to look for the missing person, visiting his relatives and friends.

If the SSP was unable to find the defaulter, then it is obliged to issue a resolution in which there will be an appeal for search. It is sent to the Ministry of Internal Affairs, where this procedure is first carried out at the regional and then at the federal level.

Important! First of all, the police will track down the debtor throughout the region, and if this does not produce any results, they will raise police departments throughout Russia.

Bailiffs most often work slowly, so it is better for the guardian to monitor the situation independently.

You can, for example, send an application to the bailiffs to search for the alimony debtor and, thus, push the situation towards the initiation of a case. It is enough to write it correctly and submit it to the relevant authorities.

They will already notify the police, who will interview neighbors, acquaintances, etc., that is, look for the payer.

Drawing up an application to search for the debtor, and the actions of the SSP upon receipt of it

How to put a child support debtor on the wanted list

Before filing an application, you need to have good reasons for this, since the law prohibits searching for a person until the proceedings in this case have been launched. The following circumstances may be the reason for this:

• The spouse does not live at the established address and ignores subpoenas.
• The alimony debt totals more than 10,000 rubles.
• The bailiff does not have information about the payer (mobile phone, employment, actual place of residence, etc.).

Divorce of spouses and payment of alimony for child support

If a parent is deliberately hiding from bailiffs, then the child’s guardian can safely submit an application to search for him. To do this, you need to know how it is compiled and what it should contain.

There are no set forms or forms that you can buy and simply fill out. The appeal has no legal restrictions, but must contain all the information necessary for the authorities:

1. Number of the bailiff station to which the application is being submitted.
2. Basic personal information of the person responsible for production.
3. Applicant details.
4. The most important part is any information about the parent who turned out to be the debtor (where he works, who he knows, address, contacts, possible location, etc.).
5. Confirmation that the court has made a decision to pay alimony. It is enough to make a copy of the judge's conclusion on this matter.
6. You need to indicate the amount of the alimony debt and the date when payments stopped coming and whether they were there or not.
7. The initials and signature of the applicant must be placed at the bottom.

What should an application to search for alimony defaulter look like?

Since there are no approved forms for the application, it is enough to enter all the above information and send it to the FSSP.

Note! An appeal to the Federal Bailiff Service must be based on a statement about the search for the debtor, evidence that alimony is not being received, and a copy of the court decision on its assignment.

The filing procedure can be carried out not only by the applicant, but also by his notarized authorized representative. After receiving the notification, the bailiffs consider it within three days, and then draw up a search order, sending it to the hiding spouse, the applicant and, at the same time, the Ministry of Internal Affairs.

Actions of authorities when tracking down a debtor

So, the bailiffs received an application to search for a spouse who is obliged to help the child. Now, together with the city police department, they will carry out the necessary measures to suppress the debtor.

There are only two ways to get money from him - find him personally and remind him of the responsibility for paying alimony, or seize the property to pay off the debt, having previously assessed its value.

If the missing spouse never shows up, then all his wealth will be seized.

Collection of property of alimony debtor

However, it also happens when the debtor has nothing valuable. Then all that remains is the search.

The most interesting thing is that bailiffs have much more powers than other law enforcement agencies, so they can involve various services - tax, traffic police, banks, etc.

Moreover, they have the right to make requests to the FMS, which contains information on absolutely every citizen of the Russian Federation.

Additional Information! The FSSP has broad powers that allow it to make requests to almost all intelligence agencies.

If the Bailiff Service has not achieved any results in finding the defaulter, then it requests help from the Ministry of Internal Affairs, submitting all the necessary documents:

• Search warrant.
• A copy of the application drawn up by the initiator, that is, the guardian.
• The judge's decision to order alimony payments.
• Conclusion that the hiding spouse does not live at his place of registration.
• Report on activities carried out with local police.

The Ministry of Internal Affairs will most likely put the debtor on the federal wanted list.

Sample of a wanted list for an alimony debtor

The duties of the bailiff will only be to monitor what is happening, as well as draw up written opinions on the measures taken (necessary for attachment to the enforcement process).

The search can last quite a long time, since if the FSSP has not achieved a result, then the Ministry of Internal Affairs is unlikely to do anything, since a lot of time has passed and the debtor, most likely, has already managed to take care of his situation.

Refusal of the SSP from putting on the wanted list

Recognition of alimony debtor as missing

The section above indicated the circumstances under which the guardian has the right to file an application to search for the alimony debtor.

However, if it is drawn up spontaneously or due to personal hostility, then the FSSP may reject the appeal, although it is a public service that resolves civil cases.

Accordingly, the bailiff must provide the grounds for rejecting the search.

If this situation does not suit the applicant, then he has the right to petition the bailiff for a decision. To do this, just contact one of the authorities:

• FSSP - the complaint must be made to the management;
• prosecutor's office;
• court.

Complaint against a bailiff to the FSSP

To file a complaint against an employee of the SSP, you need to write a free-form application to one of the above structures and state in it the whole essence of what is happening.

Important! Any appeal must be substantiated; it is not enough to simply write a text. It is always advisable to confirm it with facts, or better yet, with attached documents.

Leaving the case of searching for the alimony payer on the shoulders of the bailiffs is not a very good idea, since they deal with such things very slowly and reluctantly.

After all, the main duty of the bailiff is to come to the debtor and inform him about the judge’s decision, and it is not within their competence to carry out various search activities.

Therefore, it is better to monitor everything yourself in order to achieve at least some result.

Search for alimony

Since 2019, a payer who is in arrears in paying child support may, if there are legal grounds, be put on the executive wanted list . The reason for starting search activities is a decision of the bailiff conducting enforcement proceedings.

The bailiff has the right to initiate a search for alimony debtor both independently and at the request of the claimant (see sample). Actions aimed at establishing the location of the debtor are carried out both on the territory of Russia and in foreign countries.

If the search period for the alimony provider is more than 1 year, then the recipient of the funds has the right to count on receiving a survivor’s pension .

Grounds for putting a child support worker on the wanted list

The grounds for taking measures to establish the location of the alimony debtor and his property are:

• evasion of a person from the imposed obligation to pay alimony;
• presence of alimony debt in the amount of over 10,000 rubles ;
• lack of telephone contact between the debtor and the bailiff or collector;
• the defaulter is not located at his place of residence (registration);
• dismissal or layoff from a previously known place of employment without notification of a new job.

If the above circumstances exist in combination, the collector has the right to apply to the FSSP department to the bailiff conducting enforcement proceedings with an application to put the defaulter on the wanted list.

How to put a child support debtor on the wanted list

The essence of putting an alimony debtor on the wanted list is much broader than one might initially imagine, and lies in :

• establishing the actual location of the person bearing alimony obligations;
• determining the location of his property , which can subsequently be seized to ensure compliance with the requirements of the writ of execution;
• implementation of the duty of the bailiff to personally notify the debtor (against signature) about his possible prosecution for administrative and criminal liability for non-payment of alimony (in accordance with Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation, Article 157 of the Criminal Code (CC) of the Russian Federation).

The last point requires further clarification. If the defaulter does not make contact and his actual stay is unknown, then enforcement actions will not go far.

According to the law, an official has the right to bring a debtor to extreme measures of liability (administrative and criminal) only after repeated personal warning to the draft dodger against signature about possible prosecution and receiving from him an explanation for the fact of non-payment (Part XI of the “Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony”, approved by the Ministry of Justice of the Russian Federation on June 19, 2012 No. 01-16).

Therefore, for the bailiff to effectively work to collect alimony debt, it is necessary to establish the location of the debtor and his property, which is often impossible without first conducting investigative measures.

If search measures are not taken by the bailiff independently, the alimony claimant, if there are legal grounds for doing so, has the right to independently contact the official and submit an application to search for the alimony debtor in accordance with Part 3 of Art. 65 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

The application procedure is as follows:

1. Make sure that the amount of debt exceeds 10,000 rubles .
2. On the receiving day, contact the territorial department of the FSSP Office at the place where enforcement proceedings were initiated and submit the application to the official in charge of the case, putting on your copy a mark indicating acceptance of the document (date and signature of the person who received the application).
3. If it is not possible to personally visit the district office of the FSSP, you can send an application by registered mail.