Tip 1: Will they be released abroad if there is a debt to pay for utilities
Tip 1: Will they be released abroad if there is a debt to pay for utilities
Restriction of the right to travel abroad is one of the measuresImpact on those who have debt on the loan, transfers to social funds, fines, utility payments or maintenance. However, this measure is not always applied to everyone.
Who decides
Border control officers are not entitled not toto let you go abroad if they do not have the instructions. In itself, the existence of a debt can not serve as a basis for restricting the right of departure. The relevant decision is taken by the judicial authorities, and the legislation provides for a certain sequence of actions. The court decision that the debtor is obliged to repay debts, in this case is not enough.How does this happen
If you have a large debt on an apartmentpayments, the management company and the resource providers have the right to sue you. The amount of debt is regulated by the Housing Code. It can be varied by amendments, so when you get a summons to the court, do not forget to clarify this question. Counting on judicial delays in this case is not necessary, cases on claims of public services are considered very quickly. In this case, do not try to evade participation in the court session, because such a decision can be made without you. The court decision will state that you are obliged to pay off the debt at a certain time. This decision is not grounds for restricting the right to travel abroad. In many regions, there is a practice of debt restructuring, so that you can sign a contract with municipal services that you are obligated to pay the amount of debt in installments at certain times.If you did not comply with the court decision
If you pay your debts neatly,you can safely go on a foreign trip, no one at the border will not stop you. It's another matter if you do not follow the court's decision. Then your creditor has the right to apply to the local department of the Federal Bailiff Service. Then the enforcement proceedings will be opened and a decision can be made on how to recover debts from you. But in this case it is not even necessary that the measure of the impact on the debtor will be precisely the restriction of the right to travel abroad. Legislation also provides for other measures. For example, bailiffs can describe property, withdraw a car, seize an account with a bank.To avoid surprises
If you paid the debt after it wasopen enforcement proceedings and decided not to let you go abroad, do not forget to notify the bailiffs that you have all paid. Neither the bank nor the municipal services will take care of this. To inform the bailiffs about their actions, it's enough just to come to the local government and show paid receipts.Tip 2: How to recover the debt for utilities
Utilities and management companies annually receive a huge amount of money. The reason lies in debtors. To them it is possible to carry both malicious defaulters, and those who delayed payment.
Instructions
1
Do not immediately apply to the court. Try to talk with the tenant who owed for utilities services. Perhaps he has a difficult situation, andhe will be able to pay in the near future. Tell him about the breakdowns of the beginning of the heating season, the financial problems of the HOA. If the dialogue fails, send a formal written notification to the debtor by registered mail with a demand to pay off the debt that has arisen. Indicate that otherwise the company supplying energy resources or the company serving your home, the homeowners' association will be forced to apply to the court with a demand for recovery debts.
2
If the tenant also did not respond to the notice,gather the general meeting of the partnership of homeowners or tenants of the house together with the management company. Discuss the issue of action against the debtor. Be sure to complete the minutes of the meeting. Best of all, if you invite and the perpetrator of the incident. Among the possible decisions of the meeting can be as a recourse to the court, and disconnection of the debtor from sources of energy, gas and water. A copy of the minutes should also be sent to the debtor.
3
If this did not affect the debtor, writeapplication to the court on behalf of the chairman of the HOA, the management company or the provider of public resources to the public. The application must be addressed to the magistrate. If the world court accepts your application and starts the legal process, be sure to attend all court hearings, prepare documents confirming the fact of debt, the amount of debt. Ask neighbors to give testimony that the debtor lives without rest on this living space. Wait for the court's decision. Remember, according to the court decision, the debtor can recover the debt, and evict him from the apartment.
4
If the debt was formed because of a longabsence of the tenant in the place of residence, it is unlikely to collect the full amount of the debt through the court. The court will take into account that the debtor did not live in this apartment, and will require the recalculation of utility payments.
Tip 3: How to pay debt on child support
Aliment obligation is a legal relationship,which arises on the basis of legal facts provided for by law. According to the Constitution of the Russian Federation, all underage children have the right to receive maintenance from each of the parents, regardless of whether they are legally married or not. Thus, alimony is a specific legal instrument that protects the rights and interests of children in this regard.
Instructions
1
According to family law, twothe procedure for paying alimony: by a court decision and by mutual agreement of the parties, or independently. In the event that the parents could not reach a peaceful settlement, the recovery of alimony can be made through a court. Moreover, the spouse with whom the child lives has the right to dispose of these funds. Thus, he can file a claim for recovery of alimony from the debtor. True, the maximum period from the date of submission of the writ of execution is 3 years.
2
Payment of alimony is carried out directlyunder the control of the court by the organization where the debtor is working or studying, who is obliged to pay alimony. The fact is that the responsibility of the management of the organization is to withhold from the wage or other income due to the amount of alimony that corresponds to the size specified in the writ of execution. On the basis of the Federal Law on Enforcement Proceedings, the amount of deductions for alimony payments can reach 70% of the debtor's earnings. In the case of the debtor's dismissal and when he is transferred to another job, the administration of an organization is obliged to immediately inform the bailiff about this at the place where the judgment is enforced.
3
It happens that a parent who brings up onechild, generally does not have any material claims to the former spouse. And he simply makes a decision to independently transfer money for the maintenance of his child. Often, spouses in the divorce form a special alimony agreement, which prescribes certain conditions for the payment of maintenance. This option is the simplest, since it allows you to solve all issues without conflict situations and judicial red tape. It should be noted that it is desirable to assure this document from a notary so that it has legal force.
4
It is necessary to know that to alimony obligationsshould be treated responsibly and clearly comply with statutory rules. After all, if malicious evasion from payment of alimony provides for civil and even criminal liability. It is always necessary to document the transfer of funds for the maintenance of the child. For this, the usual receipt may well come up. However, the best method of settlement is still non-cash transfers of money to a savings book or to a settlement account. It should be remembered that in the event of a prolonged non-payment by the citizen of the due alimony, the collection of the debt on them can be turned to any property of the debtor, with the exception of the property for which the penalty can not be imposed by law.
Tip 4: What debts are not allowed abroad
The presence of an outstanding debt may become a reason for limiting the possibility of traveling outside the Russian Federation. However, this, fortunately, concerns not all types of debts.
If a person has an unpaid debt,It can be applied such a penalty as a restriction of travel outside the Russian Federation. This possibility is provided for in Article 67 of Federal Law No. 229-FZ of October 2, 2007 "On Enforcement Proceedings".
Amount of debt
However, it is worth remembering that such aa serious measure that can deprive the debtor of a long-awaited vacation or the opportunity to go on a business trip abroad, can be applied only if he has relatively large debts. This clause is established by clause 1 of Article 67 of this normative legal act. This section of the current legislation provides that in the case of the debt of an individual, such a measure as restricting travel abroad can only be applied to him if his debt obligation exceeds 10 thousand rubles. Thus, all debts that do not reach this amount can not be considered as grounds for imposing such a restriction. Therefore, for example, one unpaid fine for violation of traffic rules or delay in payment for utility services for one month is unlikely to lead to a spoiled vacation.Conditions for applying the constraint
In addition, it should be borne in mind that the restrictionfor departure is not a direct consequence of the delay in the debt obligation: in order for this measure to be applied to the defaulter, a number of bureaucratic procedures are necessary. The point is that the provisions of Article 67 of the Law "On Enforcement Proceedings" suggest that the decision to apply to the debtor of such a penalty may be imposed only by a bailiff. This, in turn, means that an enforcement proceeding has already been initiated against him, that is, the person before whom he has a debt has filed a claim with the court to collect debts. Obviously, in most cases this situation becomes known to the debtor. In addition, even if the court session in the case took place without his presence, the law provides for other tools to inform the debtor about the restriction imposed on him for traveling abroad. Thus, the senior bailiff or his deputy must approve the decision made by the bailiff, and send a copy to the defaulter to inform him of this decision. Thus, all the steps listed above are mandatory in order for the ruling to restrict the exit to be legally effective: otherwise, it can be challenged in a judicial procedure.Tip 5: How to find out if there is a debt when going abroad
Recently, Russia passed a law limitingDeparture of debtors from the country. A person who tries to go on vacation but does not pay fines or alimony can be detained right at the airport and not released from the country. But this is possible only if a court decision has already been made on the debt collection from him. In this case, in any case, it is useful to be able to find out whether you have any debts on payments, so as not to bring the situation to trial.
You will need
- - a computer;
- - access to the Internet;
- - Taxpayer Identification Number;
- - receipt for rent.
Instructions
1
Find out if you have arrears forany taxes - property, land, personal income tax. This can be done on the website of the Federal Tax Service in the section "Personal account of the taxpayer". To do this, go to the website
2
Next, enter your personal identification number, surname, first name, patronymic andregion of residence. After that you will be available information about tax arrears. Also in the system you will be able to print a receipt for payment of debt.
3
If you have bank loans, information aboutyou can get the debt either through the Internet bank system on the website of your credit institution, or at the bank branch when you contact the employee. Debts on payments by credit card can be found through the ATM.
4
Information about debts for utilities youyou can get in your management company or HOA. Also this information can be indicated on the receipt that comes to you monthly with the amount of payment. Some regional organizations involved in the provision of public services, for example, SibirEnergo, provide subscribers with the opportunity to verify and pay arrears on the organization's website.
5
Information on unpaid fines of the State Traffic Safety Inspectorate in some regions can be obtained with the help of the "Portal of State and Municipal Services" (
