Russia (bbabo.net), - Debtors who wish to exercise the right to a fireproof salary balance must personally come to the bailiff service and submit an application. This was reported in the Federal Bailiff Service of Russia.
On February 1, the humane norm officially began to operate: the debtor received a guaranteed right to a living wage. They no longer have the right to take away, unless, of course, he himself becomes generous. However, the protection mechanisms will not be enabled automatically. In order to take advantage of the new rule, you must submit an application to the bailiff.
"The debtor must apply in person with a statement to the bailiff unit where enforcement proceedings are being conducted, as well as provide documents confirming his monthly income, information about the sources of such income," the FSSP explained.
The word "personally" means that you will have to come to the service department on your own. In the future, of course, the system will be simplified: bailiffs will connect electronic technologies. "In the future, an application for the preservation of funds in the amount of the subsistence minimum can be submitted through the public services portal," the ministry said.
But at first, judging by the reports, the debtors will not have such an opportunity. In addition, only one account can be taken under protection.
"In the application, the debtor must indicate his data: last name, first name, patronymic (if any), citizenship, details of an identity document, place of residence or place of stay, contact phone number, date and number of enforcement proceedings, social category to which he applies," the department said.
Also, a citizen must indicate the details of the same account on which it is necessary to save funds in the amount of the living wage, the name and address of the bank, the details of which are indicated in the application.
“Based on the information contained in the application, the bailiff will issue an appropriate decision and send it to the bank for subsequent execution,” the FSSP of Russia continues. inviolable sum."
At the same time, a number of categories of debtors are not subject to the new rule. In particular, alimony debtors will not be able to claim the protected balance.
"The right of citizens to monthly saving of funds in the amount of the subsistence minimum does not apply under executive documents containing requirements for the recovery of alimony, for compensation for harm caused to health and in connection with the death of the breadwinner, as well as for compensation for damage caused by a crime," the statement said. department.
Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, recalled that the debtor can also write an application to his bank: in case the recoverer brings the writ of execution directly to the financial institution.
"The legislative innovation increases the social protection of citizens who find themselves in a difficult financial situation," stressed Vladimir Gruzdev.
You can only protect one account. Alimony workers will not be able to use the new norm
By law, up to 50 percent of salary or pension can be deducted for debts. In practice, this led to the fact that pensioners and the disabled, whose pension is close to the subsistence level, risked being left without even the most necessary means of subsistence. Now they have an irreducible threshold.
The Ministry of Justice has already made the necessary amendments to the procedure for calculating the amount of money in the account, which cannot be levied.
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