Does a bailiff have the right to seize a pension: deductions, maximum amount

What to do if the bailiffs seized your entire pension for debts

Since employees of the FSSP of the Russian Federation do not check the sources of funds entering the account, they can withhold 100% of the pension amount from a person. But if this payment is the citizen’s only source of income, the legislator allows the amount of the penalty to be reduced. To do this, the pensioner needs to do the following:

1. Get a certificate from the bank stating that the purpose of the seized bank account is to transfer pension payments. You also need to obtain a statement from the credit institution confirming the fact that no other payments are being made to this account.
2. Visit the FSSP branch and find a bailiff who is conducting enforcement proceedings.
3. Write a petition asking to reduce the amount of the penalty.
4. After receiving the application, the bailiff will apply for partial unblocking of the account.

Note!

It is necessary to fill out an application to the FSSP before funds from the account are transferred to the creditor. It will not be possible to return money already transferred.

The maximum amount by which withholding can be reduced is 50% of monthly pension payments. The debtor can notify the bailiff about the presence of another source of income and ask to withhold money from it, and completely unblock the pension account.

What part of the pension can bailiffs retain?

If enforcement proceedings have already been launched, but, in your opinion, you have been unreasonably accused of illegal activities, it is best to immediately begin to resolve the situation. First of all, you should write a statement to the federal court and try to stop the enforcement proceedings. If funds were deducted from disability accruals, this must be indicated in the application. And also note that, due to your difficult life situation, giving away such a large percentage of your accruals per year is unnecessarily much.

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However, the law prohibits charging more than 70 percent for alimony. And the bailiff must warn the debtor about the start of enforcement proceedings, and also indicate the time frame within which a person can decide whether to pay voluntarily or through coercion.

Under what conditions can a pension be seized?

The seizure of pension payments by FSSP employees is an official procedure carried out on the basis of a legal act - a writ of execution. This document is issued by court decision. The following persons have the right to collect debt from a pensioner through the court:

• a private person, if the defendant borrowed money from the plaintiff against a receipt and does not return it;
• organization. Such claims are filed by credit institutions in order to force the defaulter to repay the overdue loan;
• Pension Fund of the Russian Federation - if the pensioner issued a payment fraudulently;
• Inspectorate of the Federal Tax Service of the Russian Federation - if a person has accumulated an impressive tax debt.

Note!

Forced collection of debts is possible subject to the following conditions:

• the citizen does not want to pay off the debt voluntarily;
• the creditor's claims are recognized by law as legitimate;
• the debt was caused by the fault of the person to whom the bill was issued.

The described rules apply to all citizens of retirement age.

How much bailiffs can deduct from pensions: latest news

Regardless of whether an elderly person wishes and has the financial ability to pay debts, funds will be deducted from the pension by decision of a court or other authorized body. There are two ways to pay off debts. The first is based on the decision of the judicial authority. After the court hearing, the citizen repays the debt from available funds within the period established by the court. The second is that the judicial body independently withdraws money from income, including pensions.

The amount that determines how much bailiffs can withhold from a pension depends directly on the classification of the citizen’s debt. The amount of funds to be paid from social assistance is based on loan debts, lack or partial coverage of the cost of utilities, and various legal costs.

25 Jun 2020 juristsib 524

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When the bailiff does not have the right to seize a pension

In accordance with Art. 440 of the Civil Code of the Russian Federation, income in an amount less than the subsistence level is not subject to recovery. Therefore, if an elderly person receives a minimum pension, it will not be seized. But it will not be possible to completely free yourself from the obligation to repay the debt: FSSP employees will unblock the pension account, but will begin to search for other property that can be foreclosed on. They can take away a car or expensive equipment from a defaulter. Only housing and personal belongings necessary for everyday life are not subject to confiscation.

How much percentage of the pension can bailiffs keep?

2. Collection under executive documents is applied to wages, pensions or other income of citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these citizens .

• Income received for the maintenance of minor dependents. It is impossible to make deductions for alimony payments, because Technically, these funds belong to the minor.
• Funds received as compensation for personal injury. This form of income is transferred from persons responsible for the deterioration of the debtor’s health and is not subject to withholding.
• Funds transferred by the debtor as compensation for the loss of a breadwinner. A pensioner who has lost a breadwinner receives a one-time compensation that is not subject to withholding by the bailiff service.
• Funds received as compensation for damage resulting from criminal actions by third parties. This payment is also a one-time payment and is used by the debtor to restore his own property.
• Other forms of income in cases where 70% of monthly payments are already withheld from the debtor’s pension.

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What other types of pensions and other income are not subject to arrest?

The list of payments from which deduction cannot be made is described in Art. 101 of Law No. 229. It includes:

• compensation for harm to health;
• benefits upon death of the breadwinner;
• pensions paid to persons injured in the performance of official duties;
• compensation for victims of radiation or man-made emergencies;
• reimbursement of funds for the purchase of medicines and travel for certain categories of citizens;
• alimony and benefits for young children;
• payment of moving expenses in connection with a change of place of work.

Does the bailiff have the right to write off a disability pension against the debt?

Yes, a FSSP employee is vested with such rights. According to paragraph 9 of Law No. 229, bailiffs cannot seize payments related to compulsory social insurance. However, this rule is not relevant for pensions assigned according to:

• age;
• temporary disability;
• disability.

If the debtor does not notify the bailiff that social benefits are his only income, the entire amount may be withheld from him. Upon request, you can reduce it by half. If a pensioner has a difficult financial situation and 50% of the living allowance is not enough for him, you can ask the FSSP employee to further reduce the amount of deduction. To do this, you need to provide evidence of a difficult life situation: documents about the presence of dependents, receipts for medicines.

Note!

If FSSP employees refuse to meet the defaulter halfway, you can challenge their actions in court. At the meeting, evidence will be required that the citizen does not have the opportunity to give the entire due portion to pay the debt. The amount of withheld funds can be reduced to 30% if the pensioner has dependents - young children or disabled people.

In addition, you can complain about illegal actions/inaction of an FSSP employee:

• head of the SSP department;
• to the prosecutor's office.

Can bailiffs calculate debt from pensions?

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Sometimes pensioners may become debtors to banks, both by age and by other criteria. As a result, there is a need to collect such debts in case of delay. But can bailiffs calculate debt from pensions or benefits? To answer this question, we will analyze the legislative framework. It should be noted that it is constantly changing, becoming more flexible to take into account the interests of both parties.

How did bailiffs deal with pensions before?

Until recently, bailiffs could take your pension as debt. However, they were entitled to only 50% of its amount.

In some cases, this parameter reached 70%. This is if, in addition to the debt, something else had to be compensated. For example, moral damage or something else.

In this case, the debtor often had to prove the purpose of the account. That is, it is the pension that is in the account, and not other income.

It was not uncommon for the bailiffs to take everything up to the subsistence level.

All this was and is now regulated by the law “On Enforcement Proceedings”. And he allowed to repay loans with any money.

Now there are a number of benefits from which you do not have to pay debt obligations.

When can bailiffs not deduct money from pensions?

Today a law has been developed that would prohibit withdrawing money from a pension to pay off debt.

It has not yet entered into force. It is planned to be introduced in 2020. But it has already passed two readings in the State Duma. And only minor edits await him.

Its main rule is that bailiffs cannot take money to pay debts if they:

• Included in maternity capital (they are part of such capital that you use);
• Act as alimony or child benefit;
• Funeral benefit;
• They are compensation for harm to health;
• Survivor's pension. Perhaps this will also include a pension based on length of service;
• Benefit for a person caring for a disabled person.

When will the pension be seized?

If the bill comes into full force, it will spell out when pension benefits can still be taken to pay off debts.

Such cases will include:

1. Failure to pay interest on a loan. Despite the fact that the body of the loan itself is not repaid. That is, complete non-payment as such;
2. Debt of alimony;
3. Unpaid utility bills.

As before, everything will be decided by a court of any order. He will determine what percentage of the pension can be withdrawn. And of course, as before, it will not be possible to withdraw your pension in full.

How much can bailiffs take from a pension?

Let's start with the fact that if the client has not notified the purpose of the account, then it can be completely blocked altogether. All the money will go towards debt.

If the bailiffs are aware that your account is a pension account, then you will only give away part of the money.

In this case, notification of the purpose of the account must be in writing. After such a notification, the bailiffs can count on a maximum of half of your income.

If, after deduction, the account remains below the minimum subsistence level , then part of the money is returned to meet this minimum.

If it is necessary to pay other obligations, the amount of debt collection can reach 70% , as mentioned above.

What to do if your pension is taken away?

Many people do not know what to do if the bailiffs seized their entire pension. But first, you need to understand whether you have confirmed that the retirement account is truly a retirement account. To do this, you need to send a corresponding notification to the bailiff service.

Then it is worth studying the court ruling. It clearly states exactly how much you should be charged. It also indicates which division of the bailiffs should deal with this.

In addition, the bailiffs are required to notify you in writing that the freezing of accounts, etc., begins. You have the right to repay the debt to avoid such a turn.

Often, with voluntary repayment, you can achieve restructuring, installment payments or other relief.

If all this does not work, then you can send a notification to the bailiffs . In it, indicate your request not to withdraw your entire pension. Also provide documentary evidence that these details are used to receive benefits and not something else.

Typically, confirmation of the account occurs by providing a copy of the pension certificate or an account statement.

It is important to note that if you have dependent incapacitated relatives or children, then you can take no more than 30% of the benefit amount.

How to deal with bailiffs?

Sometimes it happens that they still take more than you need. Then you can complain to the chief bailiff, to a higher authority. At the same time, attach evidence that you are receiving a pension in a frozen account.

The same request can be sent to the prosecutor’s office if nothing really works.

It is important to remember that if the bailiffs suspect that you are hiding income, they can take your entire pension. For example, if there is a possibility that your earnings are gray. So your honesty is in your favor.

Can bailiffs withhold a disability pension?

Yes they can, as was said earlier. At the same time, some sources say that only pensions for disabled people of groups 2 and 3 are provided.

In general, if you are against this, then you can go to court. And with proper evidence, the court can stop withholding benefits. But there must be reasons for this.

Therefore, it is still possible to withhold even such a payment.

Can they deduct from pension and salary at the same time?

Yes they can, according to the law . Since it is clearly written that 50% can be taken from all sources of the debtor’s income.

That is, if you have a salary and a pension, and something else. Then they will take payments from all this. Of course it's unpleasant. But this way the debt will be paid off faster.

If you do not agree, then again you can go to court. In addition, in practice they can take money only from one income. This is at the discretion of the bailiffs.

Let's sum it up

No matter what, bailiffs can deduct debt from pensions. Moreover, not only from the standard payment. But also from benefits for the loss of a breadwinner, for disability, and for caring for a disabled person.

At the moment, a law is being created that will limit bailiffs in their rights. Only it still says that, as a last resort, you can do everything to pay off the debt. That is, they will shake, but a little softer than before.

To be fair, it should be noted that if you are a person whose rights have been violated. The only income you have is social benefits and so on. Then you shouldn’t just go into debt.

And once you’ve climbed in, then give them back. Otherwise, it turns out that from a victim you become a fraudster.

And the law cannot simply absolve you of responsibility. Then many will start using it.

So think before you act. This is the main advice in this situation.

In addition to the topic:

What can't bailiffs take away for non-payment of a loan?

Bailiffs seized a salary card

What percentage of the salary do bailiffs withhold?

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When is a seizure removed from a pension account?

The citizen’s bank account is completely unblocked after the debt is paid.

After making the last payment, the pensioner must visit the organization that initiated the levy and obtain a certificate stating that the debt has been fully repaid. This document remains valid for only 10 days, so you must have time to hand it over to the FSSP employee. In addition to the certificate, you will need:

• debtor's passport;
• writ of execution - copy.

At the FSSP office, you need to fill out an application to remove the seizure from your pension account. It indicates the citizen’s full name, personal data of the bailiff, information about debt repayment and a request to release the account from collection.