Where is it better to pay an overdue fine: to the traffic police or the FSSP?

Is it possible to appeal the collection of a traffic fine by bailiffs?

Attention: If 2 months have passed since the decision to impose penalties from the State Traffic Safety Inspectorate came into force, and the negligent driver has not repaid the debt, then the FSSP begins to collect the indicated amount.
The documentation reaches the Federal Bailiff Service 10 days after the fine is issued. But the initiation of a case of forced collection begins only after the period allotted to the driver for voluntary payment of the receipt has passed (60 days, not counting the appeal period of 10 days, for a total of 70 days). The procedure for interaction between representatives of the FSSP and debtors is regulated by Federal Law No. 229 “On Enforcement Proceedings” dated October 2, 2007.

The entire procedure for collecting unpaid receipts for traffic police fines by bailiffs can be divided into several main stages:

• Transfer of documents. This occurs within 10 days from the moment the fine is issued. The resolution clearly indicates the amount of the traffic police fine, the date of the violation and information about the person who committed the violation of traffic rules.
• Waiting period. It is 2 months from the date of entry into force of penalties. During this period, the bailiffs do not initiate forced collection of the debt, giving the driver the right to voluntarily pay the due amount.
• If the violator persistently ignores the end of the period allotted for paying traffic fines and has not asked for a deferment in advance, then the bailiffs will begin the enforcement procedure. In this case, funds are transferred from the debtor’s bank account to pay the traffic police fine in favor of the state. If it is not possible to withdraw money from a bank card, an inventory and assessment of the debtor’s property takes place. Subsequently, the described property will be sold, and the proceeds will be used to pay off the debt.

Attention
Even at the stage of initiating enforcement proceedings, the debtor has the opportunity to voluntarily pay off the debt on traffic police fines.

If the violator refuses to repay the debt on time, information about this goes into the GIS database. Based on this, the authorized person prepares an appeal to the court that issued the decision on monetary recovery. A copy of this document is automatically sent to the FSSP.

After receiving the appeal, the bailiff initiates enforcement proceedings, of which an official notification will be sent to the violator. From the moment of receipt of notification of the initiation of enforcement proceedings, the debtor has 5 days to voluntarily repay the debt. If the required amount is paid, then the enforcement proceedings for the forced collection of the traffic police fine will be terminated.

IMPORTANT

Even if the offender voluntarily repaid the fine within 5 days after the initiation of enforcement proceedings, he is also required to pay a mandatory fee. Its size is 7% of the fine, but cannot be less than 1000 rubles.

Considering that traffic police receipts are not very large sums of money, the debit can be made forcibly from the debtor’s bank card. The FSSP representative sends to the accounting department of the organization where the violator works a collection order and an order to withhold the specified amount in favor of the state.

If the offender does not have a permanent place of work, the bailiffs ask the tax service about the property, bank accounts and cards belonging to the debtor. If accounts are found, the bailiff sends a resolution and order to write off the funds to the banking institution. Then an inventory is made, forced seizure and subsequent sale in order to pay the fine.

Many motorists are interested in the question of whether it is possible to appeal the collection of a fine by the traffic police by representatives of the FSSP. This need arises if the receipt has been paid, and the bailiffs have written off the money from the card or current account, made an inventory of the property and seized it for the purpose of subsequent sale. To restore justice, you should submit an application to one of the authorities:

• FSSP to a senior manager (senior bailiff);
• Court;
• To the prosecutor's office.

In most cases, it is possible to resolve the issue by contacting the senior bailiff. Confirmation of payment of the debt must be provided, which will become the basis for termination of enforcement proceedings. If it is not possible to appeal the actions of the joint venture, then experts recommend filing a petition with the court.

We invite you to read: Valid reasons for postponing a court hearing.

It is advisable to contact the prosecutor's office if the actions of the FSSP representative are illegal and threaten the life or health of the offender (his family members).

Is the fine overdue?

The deadline for paying the fine is 60 days from the date it comes into force. And this date comes after 10 days from the date you received a copy of the decision, which is given for appeal. If you appeal the fine, then 10 days are extended until the court decision is made, plus another 10 days.

Thus, in standard cases, the fine becomes overdue after 70 days. But the fact that you received a copy of the resolution is stated:

• receiving it from the traffic police inspector against signature (or with refusal to sign),
• by receiving a copy by mail or by sending a letter back to the sender if delivery is impossible.

If you did not receive the decision by mail, then the period has not begun. Therefore, handing over such a fine to the bailiffs is illegal, because it is not overdue. But again there is an important subtlety - if you come to the post office, then most likely there will be a note stating that the letter could not be delivered to the addressee, and it was sent back to the sender.

Rights and obligations of the debtor

Representatives of the FSSP have the right to collect debt from the debtor, which includes:

• the amount of the traffic police fine;
• the cost of the work of the FSSP representative;
• monetary penalties and sanctions imposed for violation of deadlines for payment of receipts;
• other penalties that are regulated by the current legislation of the Russian Federation.

Bailiffs can work closely with representatives of other government agencies and institutions to obtain the necessary information about the debtor and his location.

IMPORTANT
Representatives of the FSSP do not have the right to demand money from the violator in excess of the amount determined based on the analysis of each specific traffic police fine.

After the violator receives a decision to pay a fine from the traffic police, he is obliged to repay the debt within 2 months. If the driver does not agree with the actions of the traffic police inspector, then you can appeal the decision on the offense within 10 days from the date of its issuance.

For your information

If it is impossible to repay on time, the driver can write an application to the traffic police with a request for a deferment. According to the Code of Administrative Offenses of the Russian Federation Article 31.5. it can be 1-3 months.

Paying off debt in installments

The bailiff has the right to give the debtor an installment plan or delay the repayment of the debt if there are compelling reasons for this in the form of a court decision. That is, in order to agree on partial payments, the debtor must go to court with a statement and arguments about the impossibility of paying off the resulting debt at once. This norm is enshrined in Article 37 of Federal Law No. 229. If the creditor (creditor bank, traffic police, etc.) does not agree with the provision of installment plans to the debtor, then he can go to court and appeal this decision.

The debtor can also, in his application to the court, request the cancellation of the enforcement fee, which can reach 7% of the debt amount. The bailiff will strictly execute the court order, and if the judicial authority allows the installment plan and sets new terms and amounts of payments, the bailiff will be obliged to take measures to enforce this decision. The bailiff can independently postpone the collection procedure for up to 10 days if the collector and the debtor have entered into such an agreement.

What happens if you don’t pay the FSSP fine?

After the traffic police takes the motorist to court, the case of non-payment of fines in the form of a writ of execution goes to the desk of a specific bailiff. The bailiff initiates enforcement proceedings.

Stage I. The bailiff has the right to obtain any information about the debtor’s funds and property. The search begins for his assets, studying bank accounts, stocks, bonds, cars, apartments and houses.

Stage II. The bailiff, using the means available to him (mail, telephone, visit to the place of registration, appeals at the place of work) tries to contact the debtor and warn about the consequences of non-payment of the debt under the individual entrepreneur. Bailiffs are usually given 5 days to voluntarily pay the debt, but sometimes due to the busyness of the FSSP, this period is extended.

Stage III. The bailiff takes active steps to collect the debt - amounts of money are forcibly debited from bank accounts and deducted from wages and benefits.

The debtor himself is put on the federal wanted list. Information on it is uploaded to government databases. From now on, it is almost impossible to get a mortgage or loan. The debtor has no right to leave the country and may be detained if detected by a police patrol.

Stage IV. In some cases, bailiffs enter the debtor’s home, seize his property, and send the defaulter under arrest or to mandatory community service. In the worst case scenario, the guardianship and trusteeship authorities may become interested in the case. The question will concern the parental rights of the debtor.

We hope it doesn't come to this for anyone!

Online payment of FSSP debt

You can pay your debt to bailiffs via the Internet using the official website of the FSSP - fssprus.ru. To do this:

1Find the debt in the production data bank.

You can find your debt:

• Using personal data (full name, date of birth, region of residence).
• By IP number (enforcement proceedings).

You will find a step-by-step guide on how to check debts on the FSSP website here.

2Wait for the scan to finish.

The search results will be displayed in a table. Next to unpaid debts you will see a “Pay” button.

If you searched for a debt by name, make sure the debt actually belongs to you and not to someone with the same name before you start paying. Carefully study the data in the 1st column of the table - it indicates the last name, date and place of birth of the debtor.

3Click on the “Pay” button. A sign will appear with possible options for transferring funds.

You can pay arrears of alimony to bailiffs using:

• Bank card - Visa, MasterCard, MIR.
• Mobile payment - Beeline, MTS, Tele2.
• Electronic wallet - Yandex.Money, QIWI, WebMoney.

The debtor organization can repay the debt through the bank. To do this, download the receipt from the payment options window. All necessary details, with the exception of the budget classification code, are already filled out in the receipt. Which BCC to indicate when paying bailiffs, look in the picture below.

4Choose the most convenient way to repay the debt, make the payment and save the receipt.

The check will be proof that you have repaid the debt if for some reason the payment does not arrive. Save it.

Decision to initiate enforcement proceedings

The decision to initiate enforcement proceedings is made by the judge based on a petition from an authorized person. The violator is given a period of 60 days to voluntarily repay the debt. If payment is not received, a petition to initiate enforcement proceedings will be sent to the court.

First of all, a person must consider whether he actually paid a particular fine. Perhaps he had to transfer money to several places at once, and he simply forgot about one of the required contributions. Then you shouldn't blame the system or government workers. However, if there is firm confidence that the fine will be paid, then an error may occur on the part of the systems transferring the money. Here you will need to prove to the traffic police that you are right.

How to proceed:

1. You should immediately look for a receipt for the transfer of funds. If a non-cash payment was made through the State Services website, the receipt should be by email or on your mobile phone. If the receipt is paper, then it is important to keep it until the transfer of funds is verified by government agencies. Because otherwise it will be difficult to prove anything.
2. Now you need to visit the traffic police department at the place where the car is registered. You should go with a receipt, if, of course, you have one. There you will need to record the fact of transfer of funds. The employee will check the check and then record the transfer of money. Next, a note will appear stating that the person has paid the fine.
3. It also happens that the banking institution itself will contact the person to report the problem. In this case, you will need to go to the traffic police to make sure that the money has arrived.
4. It may also happen that the bailiffs will come straight to your home for non-payment. In such a situation, it will be necessary to visit their place of duty. In addition, you must send a receipt to the FSSP. Moreover, the letter must be registered.

We invite you to read: Fine for illegal building

Therefore, you should not remain silent if an unpleasant situation with bailiffs suddenly arises. Remember your rights and stand up for them so that you don’t waste money because of other people’s mistakes.

What to do if the bailiffs have withdrawn an already paid debt for housing and communal services from the card?

Quite a lot of people are faced with the fact that bailiffs have written off a debt for housing and communal services from their card, which had already been paid. Or, this debt did not even exist and, for example, the management company filed a lawsuit in error.

In this case, the money will most likely simply fall into your housing and communal services account as an advance payment for the following periods. Therefore, it is easier to simply not pay for housing and communal services for some time (use the services for the overpaid amount) than to demand that the bailiff return the money.

But be sure to make sure that the money actually arrived in your account and is not stuck somewhere in the account of the bailiffs.

Reimbursement order

If the fine was not paid on time, then FSSP representatives begin the forced collection procedure after 5 days. Consequently, within 5 days the driver has the last opportunity to pay the traffic police fine on a voluntary basis.

Experts advise keeping your payment receipt. Information about payment of a fine does not always enter the database in a timely manner. If the traffic police fine has already been paid, and the bailiffs begin the enforcement procedure and send the debtor a ruling on compensation, then you should immediately visit the FSSP. You must provide a receipt of payment, which will serve as evidence and grounds for termination of enforcement proceedings.

Attention

If the debtor’s payment deadline expires and the amount of the traffic police fine is repaid on time, then experts recommend immediately sending a copy of the receipt by registered mail to the bailiff service.

How to inform bailiffs about paying a fine

The debt will be removed from the bank on the FSSP website a few days after it is paid. If this does not happen, send an application to close the individual entrepreneur to the bailiff, attaching a receipt for payment.

Notification can be sent to:

• By registered mail.
• Using the FSSP website (the service is available in the “Appeals” / “Internet reception” section).
• By visiting the bailiff in person.

Collection of administrative fines by the FSSP

The collection of administrative fines deserves special attention. According to the Code of Administrative Offences, 60 days are allotted to pay off an administrative fine. If payment is not made within the specified time frame, additional penalties may be applied to the violator (Article No. 20.25 of the Administrative Code). These include:

• increase in the amount of recovery by 2 times;
• arrest up to 15 days;
• compulsory work for up to 50 hours.

It is necessary to clearly monitor the repayment period of the traffic fine debt. If it falls on a weekend or holiday, the period is transferred to the next working day. Experts recommend that you independently calculate the final repayment period of the debt to avoid the imposition of repeated sanctions.

Please note
: If the violator requests a deferred payment, he must pay the specified amount 2 days before the end of the term.

If established deadlines are violated, bailiffs actively interact with other government bodies. This allows you to find the violator and collect the debt from him.

Collection deadlines

If the debtor persistently hides from representatives of the FSSP (changed his place of work, place of registration or residence, etc.), then the statute of limitations for enforcement proceedings is 2 years. After this period of time, the bailiffs will not be able to recover the required amount from the violator.

That is, if from the moment the resolution comes into force, the bailiffs have only two years to find the debtor and forcefully collect from him payment of the traffic police fine. In this case, an inventory of property, seizure of securities, etc. can be carried out. After the end of 24 months from the date of entry into force of the resolution, it is not possible to collect the debt. (Article 31.9 Part 1 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to pay without commission?

Citizens need to take a more careful approach to choosing a method for closing a debt, since it is not possible to pay a debt to bailiffs without a commission in every service. The FSSP website itself states that payments are made through Tinkoff Bank and QIWI without commission. Other services may charge from 1 to 7% commissions, depending on the method of transferring money. Thus, System City takes 3% of the payment amount as a reward, Yandex. Money - 2.5%, Webmoney - 15 rubles, Robokassa - 1.6%, etc. Some services allow you to pay debts without commission if the payer follows a direct link from the Individual Entrepreneur Data Bank on the FSSP website.

Step-by-step instructions for appealing

If the driver decides to appeal the collection of a traffic fine by the bailiffs, then he should follow a simple algorithm of actions:

• competently draw up an application for appeal;
• submit it within the deadlines established by law;
• obtain a court decision.

IMPORTANT
You can appeal only in the first 10 days after the violator learned about the repeated write-off of the debt (Article 122 of the Federal Law-229 “On Enforcement Proceedings”). In the future, you can appeal if the initial deadline was missed for a good reason. For example, due to illness.

The second, important point is the scrupulous preparation of an application to appeal the decision of the traffic police inspector. If the driver has difficulty filling out the form, it would be a good idea to seek the help of a professional lawyer. He will not only help you fill out the application form correctly, but will also suggest the correct model of behavior during the appeal process.

We invite you to familiarize yourself with: Vehicle examination and assessment

A completed application to appeal the illegal collection of a traffic fine by the Bailiff Service must contain the following information:

• The header should reflect the name and address of the institution where the driver is applying. Details of the offender (full name, registration or registration address). Information about the authorized person who issued the traffic police resolution.
• Name of paper. It may take the form of a petition or application to appeal the decision of the traffic police. The wording “about illegal actions of a representative of the FSSP” or “about the inaction of a representative of the FSSP service” is also possible.
• Fill out the body of the form. It should reflect information about the decision made. It is also necessary to indicate the date and place of seizure of property and describe the actions performed by the bailiff.
• Provide links to regulations that were violated by the bailiff. You should be especially careful at this point. If you are unable to find regulations on your own, you should seek the help of a qualified lawyer with extensive experience in handling similar cases. It would not be superfluous to record the consequences that resulted from the actions of the bailiff.
• Make a request to cancel the completed action. Add date and signature.

A prerequisite is the provision of the necessary package of documents. It includes:

• Correctly completed payment documents confirming the fact of repayment of debt on traffic police fines.
• A copy of the resolution of the bailiffs who carried out the forced collection of the debt;
• Other documents at the driver’s disposal that can confirm the applicant’s correctness.

For your information,
Experts recommend not delaying the payment process and not letting the situation get to the point where bailiffs are involved in collecting the debt under the traffic police fine.

How can I find out all the debts by the last name of an individual?

To check all debts by last name, you need to go to the official website of the Federal Bailiff Service:

Find out all debts by the last name of an individual

On the main page you will see a form for searching debts by last name:

Search debts by last name

Click “Advanced Search” and enter your last name, first name and region of residence.

Next, you will need to enter the characters from the picture and you will see a list of all current enforcement proceedings, their numbers and contact details of the bailiff who is involved in enforcement proceedings.

Please note that the full name and region of registration may be the same for different people. Therefore, you need to check the dates of birth and the region in which the individual entrepreneur was established.

Nuances

It should be remembered that it is impossible to refuse to pay penalties imposed by the authorized body. But the issued receipt can be appealed in court if the driver has the necessary evidence, as well as witness testimony.

Attention

According to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, during the first 20 days from the moment the decision is issued and it comes into force, the driver can pay only 50% of the amount of the receipt. By taking advantage of this right, the violator not only saves himself from the unpleasant moments associated with communicating with representatives of the FSSP. But it also saves your own money.

It should also be understood that when evading debt payment, bailiffs may limit the debtor’s right to travel to the border or apply for administrative arrest (in case of malicious evasion).

What to do if the bailiffs arrive?

Even if you paid the fine on time, a technical error may occur in the database. As a result, the payer’s mailbox will suddenly receive a written notification from the FSSP about the existence of a debt to the traffic police (possibly even overdue with all penalties and interest). When faced with such a situation, you should send a receipt to the traffic police, and at the same time visit the district office of the SSP. The bailiffs will make a copy of your receipt and remove the check mark from the active case.

If the bailiffs visited your apartment demanding payment of a fine, show them the payment receipt. In addition, you will need to go to the nearest FSSP branch and provide a copy of the payment document there too. When communicating with bailiffs, you should be polite. You are right because you paid the fine on time, which is confirmed by a receipt or check issued by the bank. Possible unlawful actions of the bailiffs who came to you (for example, an offer to pay a traffic fine on the spot or seizure of property) should be reported in the form of a complaint to the senior bailiff, the prosecutor's office or the court.

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