Collection of traffic police fines by bailiffs: collection procedure, statute of limitations

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The penalty for violating traffic rules is the imposition of fines. Their size is strictly regulated by the legislative framework of the Russian Federation and cannot exceed the established amount for each violation. The use of fines allows you to discipline car owners and motivates them to comply with existing traffic rules.

When can bailiffs collect a traffic fine?

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).

What if the bailiffs lifted the fine without notice?

Most often, funds are written off without the knowledge of the driver. But this does not mean that he was not notified. The bailiff service is obliged to send messages about the opening of enforcement proceedings, collection of funds, as well as about the arrest or debiting of funds from the personal accounts of individuals. faces.

As a rule, a corresponding letter is drawn up for any of these actions. He is sent to the driver’s place of residence, which is indicated in official documents. If a person does not check his mail, then he will not know about the existence of the enforcement case.

It is important to understand that the FSSP is obliged to notify the debtor in any convenient way. The driver will not be called on his phone, since this method is not practiced. Notifications come in the form of correspondence, so you need to check your mailbox at least once a week.

Occasionally, money may be written off due to confusion. Such cases have also been recorded. The fact is that the FSSP and the traffic police have different databases. When information passes from one source to another, unintentional substitution of persons may occur. For example, people with the surname “Ivanov” sometimes receive fines from complete tesks from other regions. In such a situation, you need to contact the FSSP service directly with a bank statement and personal documents. Such cases are considered on an individual basis.

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Rights and responsibilities of bailiffs

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

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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.

Rights and obligations of the debtor

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.

Fines from bailiffs

It is better to pay fines within the period established by law, since otherwise they will be transferred to the bailiff service (FSSP), who will begin to carry out certain actions in accordance with the law. For example, blocking bank accounts, preventing people from traveling abroad (if the debt is more than 10,000 thousand rubles), etc. The deadline for paying fines according to the Code of Administrative Offenses of the Russian Federation is 60 days plus a 10-day period for appeal (if the car owner does not agree with the decision made) . In this section of the Auto Help Center website you can check whether there are any debts to the Federal Bailiff Service. Enter your INN, SNILS or passport details into the form. If you have enforcement proceedings on hand, then enter its unique accrual identifier (UIN) and click the “CHECK” button.

The procedure for collecting traffic police fines by bailiffs

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.

How much can they withdraw from the card?

It depends on what type of card we are talking about. If we are talking about a regular debit card on which a person stores his personal savings, the amount of write-off can be maximum. In this case, the person will be charged the entire amount to pay off the debt. This is regulated by Art. 70 Federal Law No. 229.

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Funds can also be debited from a credit card. Since it is also attached to the current account of an individual. In some cases, the balance may even go negative if the banking system allows such operations. This is the worst option.

When bailiffs deal with wages, they can collect no more than 50% of labor income. This procedure is regulated by clause 2 of Art. 99 Federal Law No. 229. It is worth noting that we are talking specifically about wages. If a person stores different savings on one card, then the amount necessary to repay the debt will be written off from it. Except for the last payment, which is subject to a 50% cap.

You also need to take into account that the write-off amount will be greater than the actual fine. The bailiff service may charge an additional 7%, but not less than 1,000 rubles of the debt amount. This may also include the costs of enforcement proceedings, which are established on an individual basis in accordance with Art. 116 Federal Law No. 229.

Pay off fines in advance if they arise. This will not only help you avoid sudden debits from your plastic card, but will also protect you from the imposition of more serious penalties. In particular, the debtor’s car may be temporarily seized and sent to a fine yard if the amount of debt on fines and other penalties exceeds 10,000 rubles.

It is most profitable to pay off the fine no later than 20 days from the date of occurrence of the administrative offense. In this case, the driver can only pay 50% of the declared amount, and the fine will be removed.

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. The period allotted for initiating enforcement proceedings to collect traffic police fines is 3 days. A copy of the judge's decision is sent to an authorized person and is also transferred to the FSSP.

What actions are taken by bailiffs

If payment has not been made within the permitting period, the work of the bailiffs begins.

How does the fine collection procedure work?

Unpaid orders fall into the hands of bailiffs, who initiate enforcement proceedings against the debtor.
There is a seizure of the accounts, income, and property of the defaulter.

To avoid such developments, car owners should periodically check for fines:

There is a special website of the traffic police, which displays all the information necessary for car owners about the presence of debts.
There are special services: government services portal, Yandex money, Webmoney, and others.

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.

Forced collection

To confirm payment of the fine, the violator must submit the appropriate payment document to the court or other agency that issued the decision. Also, information about received payments will be checked through the unified federal information system. If payment information is missing and the payment document is not submitted, the following consequences occur:

upon expiration of the period for voluntary payment, a second copy of the resolution is made;
within 10 days the document is sent to the FSSP service at the debtor’s address;
bailiffs initiate enforcement proceedings, send a copy of the resolution to the debtor, and give up to 5 days to pay off the fine;
after 5 days, the FSSP employee has the right to use forced collection measures, and is also obliged to withhold an enforcement fee from the debtor.

Naturally, if the violator was granted a deferment or installment plan, the decision will not be sent to the bailiffs.

The procedure for conducting proceedings in the FSSP will depend on the amount of the fine. If it does not exceed 10 thousand rubles, the bailiff cannot impose a restriction on travel outside the Russian Federation, or temporarily deprive the debtor of the right to drive transport. If the debt amount is less than 10 thousand rubles, the documents will be sent for retention at work, at the place of study or to another institution where the debtor receives a permanent income. It is allowed to withhold fines from scholarships, pensions and other payments, except for cases expressly specified in the law.

If the debtor is an enterprise, documents will be sent to seize bank accounts to collect the fine. In the absence of funds in accounts and transactions, property may be seized for subsequent sale. Collection of fines collected from the manager or other officials of the enterprise occurs in the general manner, i.e. at the expense of their salaries or property, by writing off accounts.

If the amount of the fine exceeds 10 thousand rubles, the bailiff will be able to use all measures of forced retention and restrictions provided for by Law No. 229-FZ:

identification, search, seizure and sale of property assets;
arrest and write-off from accounts in banking and credit institutions;
restrictive measures to ban travel abroad and temporary deprivation of the right to drive transport;
sending documents for deduction from wages if the debtor does not have property and money in his accounts.

If the debtor hides his place of residence or evades receiving documents from the FSSP, an executive search may be declared.

Enforcement proceedings will be terminated only after full payment of the fine. If the violator does not repay the debt within 5 days provided by the bailiff, he will have to pay an enforcement fee. The amount of such a fee for individuals or individual entrepreneurs will be 7% of the fine amount, but not less than 1 thousand rubles. For enterprises, the fee is 10 thousand rubles.

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.

For your information

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.

Forced collection of traffic police fines by bailiffs

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.

Is it possible to return money written off by bailiffs?

Another case when money is written off illegally is a “double” fine. In this case, the driver manages to pay the money for the offense within 60 days, but he does not submit the payment receipt to the traffic police. In turn, the report on the receipt of funds is not registered in the GIS GMP database. This can happen for various reasons. As a result, the fine is collected from the driver again, but through the FSSP.

Things like this don't happen often. But if you are faced with such injustice, do not be discouraged. The truth is on your side. However, you will have to fight for it. Depending on how much time has passed since the re-write-off, you can use two ways.

Method No. 1: through the FSSP

If you responded promptly, the money can be returned through the FSSP. The algorithm of actions in this case:

Through the government services website or the FSSP portal, you can find enforcement proceedings regarding your fine. Specify the contact details of the contractor assigned to your case. As a rule, the bailiffs' website should indicate the work phone numbers of employees.
Contact the responsible bailiff and explain the current situation.
Make an appointment at which you need to show a receipt for paying the fine on time.
If the FSSP did not have time to transfer the funds to the traffic police account, they can be returned. To do this, you need to fill out a free form application for a refund. In it you need to indicate the bank details of your plastic card.

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Bailiffs are required to consider your application within 10 days. This provision is regulated by clause 11 of Art. 70 Federal Law No. 229. Return periods are not regulated. If the service is delaying the transfer of money to your account, you can contact the head of the FSSP unit directly.

Method number 2: through the traffic police

A more complicated situation is when the money has already been transferred from the FSSP accounts to the traffic police. In this case, the return algorithm will be slightly different:

Request from the FSSP a copy of the payment documents for the transfer of funds to the traffic police.
Find the Main Traffic Police Department in your city or region. It is there that you will need to submit an application for a refund of the “double” fine. A sample for filling out an application can be viewed on the website of the Ministry of Internal Affairs, or obtained at the place of application. The paper must state the reasons why the funds were withdrawn again.
Attach to the application copies of: passport, original receipt for payment of the fine, TIN, documents from the FSSP, bank account statement about the debit of FSSP funds, plastic card details, and a copy of the resolution due to which the fine was assessed.
Your application must be reviewed and the funds returned to the card.

If you contact the traffic police, the return period is also not regulated.

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).

When the reason is that the bailiff did not find the debtor

If the bailiff was unable to find the debtor or his property, then the proceedings may be terminated, in which case the debtor will also receive a message about the repayment of the debt. However, there is no point in rejoicing here either - within six months, the claimant can again demand the start of the process and the search for the debtor will resume.

The procedure for conducting proceedings if it is impossible to find the debtor or his property can be found in more detail in Article 46, Part 1, Clauses 3 and 4 of the Federal Law “On Enforcement Proceedings”.

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

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.

For your information

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).

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.

Application to appeal illegal collection of a fine

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.

to appeal the actions of the bailiff.

Controversial situations

A situation often arises when the debt has been paid, but information about this has not reached the FSSP. In this case, the bailiff may request information about the debtor’s accounts and cards from the banking system. And make a decision on forced debiting of money from the current account or card. If it turns out that the traffic police fine was paid twice, then the ideal solution would be to submit an application to the bailiff requesting compensation for damages. The previously paid receipt must be attached to the application. If the FSSP representative fails to act, experts recommend filing a complaint with the prosecutor’s office.