The effectiveness of imposing restrictions on the debtor when collecting debt within the framework of enforcement proceedings

In order to encourage a non-payer of alimony to repay the resulting debt, bailiffs, on a personal initiative or at the request of the alimony recipient, can forcibly take away his right to drive a car and other vehicles. Of course, the bailiffs do not take the ID in the literal sense, i.e. they come to the debtor and confiscate the document itself, and transmit information to the traffic police that such and such a citizen is limited in the right to drive vehicles for non-payment of alimony. Then traffic police officers enter this information into their database.

Debtors are deprived of their driver's license, as a rule, until the following circumstances occur:

1. Until they repay the debt to the alimony recipient in full.
2. Until there are grounds to lift this restriction. For example, such grounds include the release of the alimony through the court from paying the remaining part of the debt; a judge making a decision canceling a bailiff’s order imposing a ban on the debtor to drive a car; resolution of the head of the bailiff department to lift the ban.

However, it should be taken into account that the bailiffs do not have the right to make such a decision regarding the alimony payer when the loss of the right to drive a car poses a threat to the existence of the defaulter, as well as in some other cases specified in Russian legislation. More information about which categories of citizens have legal immunity from the application of this restrictive measure to them and how they can deprive a driver’s license for failure to pay alimony will be written below. In addition, citizens who have suffered from the illegal actions of the bailiff can complain to the court and have the illegal restriction lifted.

Conditions for deprivation of a driver's license in case of arrears in child support

The conditions that allow the bailiff to restrict the validity of a driver’s license are indicated with comments to them in the table below. It should be noted that the actions of the bailiff will be legal only if all these conditions are met simultaneously.

Conditions for imposing restrictions on driving licenses by bailiffs

Restriction of a driver's license by bailiffs is understood as a temporary measure. This differs from deprivation, which the bailiff does not have the right to impose. In fact, the driver will also not be able to drive the car until the requirements (debt repayment) set out in the resolution are met.

The rules of procedure require the drawing up of an appropriate document by the bailiff in charge of a specific case. In turn, the decision he makes is approved by the senior bailiff or his deputy.

The reasons for applying the measure are:

1. Alimony debt. This is the most common reason on which the executor restricts the driver's document.
2. Debts for compensation for damage to health and loss of a breadwinner.
3. Debts for housing and communal services.
4. Debt for compensation of moral and material costs.
5. Credit debts. Collections for administrative offenses, including traffic rules.

In all cases, the prerequisite is:

• availability of a writ of execution;
• failure to meet deadlines: the period is 5 days;
• total excess of the 10 thousand limit.

Important to remember! The executor does not have the ability to deprive a driver’s license for failure to pay alimony, but he has the right to temporarily suspend it. These measures are allowed within the framework of Art. 67.1 Federal Law No. 227.

Who cannot have their driver's license revoked?

This list includes:

1. Defaulters for whom having a driver's license is their only or primary legal source of livelihood. The main source of funds is understood as an activity that generates more income compared to income from any other type of activity. Thus, bailiffs, based on a tax return, income certificate or other document, assess the debtor’s earnings for each source of income, but not the time spent on each type of income-generating activity.
2. Alimony recipients living in places with limited access to any type of transport, if a car for them and members of the debtor’s family is the only means of ensuring and maintaining their livelihoods.
3. Alimony payers to whom the bailiff provided an installment plan or deferment of debt payment.
4. Alimony payers whose debts in all enforcement proceedings are less than 10,000 rubles.
5. Citizens who do not pay child support and use a car or other vehicle due to disability.
6. Persons who financially support a disabled person of group 1 or 2 who has official medical confirmation of disability, or a disabled minor child.

When it is impossible to prohibit

In enforcement proceedings, such a measure of influence is not always applied to citizens. It is impossible to exclude citizens from driving a vehicle:

1. Who were not notified that their case was being transferred to the bailiffs. It should be noted here that the notification is sent by registration. Even if the debtor did not receive it because he does not live there, he is still considered notified.
2. The person has been notified, but the period for voluntary repayment of the debt has not yet expired.
3. For the debtor, a car is a vital means of transportation, since he himself is disabled or is dependent on a disabled person. The disability groups that relate to this item are first, second or disabled child.
4. The debtor and his family members live in a place that cannot be reached without a car.
5. A vehicle for the debtor and his family is the only source of income.
6. The debt amount is below 10,000.
7. There is a delay in fulfilling the requirements of the writ of execution.
8. A person repays the debt in installments, about which there is a corresponding note in the writ of execution.

We invite you to read: Removal of children by guardianship authorities, in what cases can a child be taken from the family and how to return him

Prohibition on driving vehicles

The imposition of this restrictive measure on the debtor prohibits him from managing:

• Any vehicles (cars, buses, trucks).
• Boats, cutters, jet skis and other water transport.
• By planes and helicopters.
• ATVs, mopeds, tricycles and motorcycles.
• Self-propelled vehicles.

Please note the difference between the concepts of “ban on driving a vehicle” and “seizure of a vehicle”. A ban on driving a vehicle implies the suspension of a driver's license, carried out temporarily, as a result of which the defaulter is deprived of the opportunity to freely get behind the wheel. Seizure of a vehicle implies deprivation of the opportunity to dispose of the vehicle, i.e. carry out any transactions with it, for example, exchange, rental, purchase and sale, transfer for free use, donation. The law does not prohibit using a seized car for personal or business purposes.

Procedure for suspending a driver's license

This procedure follows the following algorithm:

1. 
   The bailiff receives an executive document (alimony agreement, writ of execution for a court decision, court order) and issues a resolution to initiate enforcement proceedings, which is sent by mail to the defaulter. Typically, the decree specifies the account details to which the debtor must transfer money within 5 days from the date of receipt of the letter, and then bring the bailiff a receipt confirming payment.

2. If the alimony payer ignores the bailiff’s demands, he issues a resolution on temporary restriction of the right to drive vehicles, in which he explains that the debtor is obliged to comply with this ban, and warns of administrative liability for violating the ban. Administrative liability includes compulsory work from 20 to 50 hours or deprivation of a driver’s license for up to 1 year; a fine for this offense is not provided for by law. This resolution must be necessarily approved by the head of the bailiff department or his deputy and personally delivered to the alimony defaulter, and also sent to the alimony recipient and to the traffic police.

The claimant can begin the procedure for deprivation of the right to drive vehicles on his own initiative. To do this, he needs to write a statement and submit it to the bailiff conducting enforcement proceedings against the alimony. The application form can be downloaded from here. The bailiff then proceeds as follows:

1. Checks information about whether enforcement proceedings have actually been initiated against the alimony payer and whether he really has an outstanding debt resulting from the guilty actions of the debtor.
2. Checks whether there are grounds not to apply this restrictive measure to the defaulter.
3. If there are no legal grounds not to apply restrictive measures against the alimony recipient, he issues a resolution and restricts the debtor’s right to drive vehicles, sends copies of the resolution to the alimony payer, the alimony recipient and the traffic police.

For what debts are rights deprived?

According to the Federal Law of the Russian Federation (namely Article 67.1 Part 2), restrictions on the use of driver’s documents occur in the following situations:

• Refusal to pay alimony;
• Reluctance to compensate for damage to an injured person or a family that has lost its breadwinner;
• Failure to pay for moral damage caused to a person during the commission of criminal acts against him;
• Ignoring administrative fines received as a result of traffic violations.

At the same time, a court can deprive a citizen of a driver’s license for debts only if the total amount unpaid by him is more than 10 thousand rubles. In other cases, a person has the right to file a petition and challenge the decision.

Alimony

Temporary restriction of the validity of a certificate is just one type of punishment for alimony workers. Indeed, in the absence of this crust, a citizen may face more serious measures, such as:

• Seizure of property (equipment, car or real estate);
• Forced labor (for a period of 6 months);
• Deprivation of liberty.

But in accordance with the Code of Administrative Offences, liability does not arise in all cases, but only in those when the father was notified in advance of his debt. If this does not happen, the court will not accept the mother’s statement of claim.

Loans

Having owed the bank a large sum of money, the client, as a punishment, can count on the restriction of his driver's license (as in the case of non-payment of alimony). Although in most situations, financial structures take away material property from debtors, thereby insuring themselves in the event of the death of a draft dodger or his departure abroad. Therefore, you should not worry solely about the loan, having an outstanding loan behind you.

Fines

Deprivation or suspension of a license for non-payment of traffic fines is very often used for persistent violators who do not comply with traffic rules. If the driver ignores the punishment imposed on him and continues to drive a car without a license, then in such a situation the inspector (when stopped again) will be forced to confiscate his technical ticket, which will entail the arrest of the vehicle.

At the same time, police can deprive a citizen of his rights not only for failure to pay a debt (for alimony, fines or a loan), but also under the relevant article of traffic rules for the following violations:

• Driving a car while intoxicated;
• Repeatedly driving through a prohibiting traffic light signal;
• Creation of an emergency situation with a traumatic or fatal outcome.

To avoid such problems, you need to drive a car according to the rules, so that you do not have anything to fine for.

Other

The Russian law on deprivation of a driver's license for debts on alimony, credit and fines also includes in its list several government agencies of housing and communal services, where untimely payment of debt can cause a person to be removed from driving a car.

Therefore, there is only one conclusion: utility bills must be paid regularly. Otherwise, a lawsuit cannot be avoided.

Procedure for restoring driver's license

To lift a driving ban, at least 1 of the following grounds must be present:

1. Full repayment of alimony debt. The debtor must provide the bailiff with a copy of the document confirming payment (receipt, account statement).
2. A court decision to release the defaulter from repaying the debt.
3. A court decision to cancel a bailiff's order imposing a ban on the debtor to drive a car.
4. Resolution of the head of the bailiff department to lift the restriction.

The bailiff checks the information specified in the list above regarding the possibility of lifting the restriction within 1 day from the moment it is received. If the information is confirmed, then he is obliged to issue a resolution stating that the debtor has been restored to the right to drive any vehicles, and have it certified by the head of the bailiff service or his deputy. Copies of the resolution are sent to the post office on the same day for sending to the traffic police, the alimony recipient and the alimony payer.

After receiving this decree, it is advisable for the driver to keep it in the car for about 1-2 months. This is necessary to protect yourself from possible misunderstandings that may arise when communicating with traffic police officers, since electronic databases are not updated immediately, and changes are not reflected in them in a timely manner.

Procedure for deprivation (restriction) of a driver's license

The bailiff, in the resolution to initiate enforcement proceedings, warns the debtor about the imposition of temporary restrictions on him, provided for by this Federal Law, in case of failure to fulfill the requirements contained in the executive document within the period established for voluntary execution without good reason.

The bailiff does not have the right to deprive the driver of his license; he can only impose a temporary restriction on their use.

The bailiff is obliged to notify the debtor that if he fails to pay the debt, he will be deprived of his driver's license. Those. the debtor is sent a notice indicating the deadline for voluntary repayment of the debt, as well as the measures that will be taken if the debt is not repaid. It is worth keeping in mind that the debtor is considered notified if:

• the addressee refused to receive a summons or other notice;
• despite the presence of a postal notice, the addressee did not appear for a summons or other notice that was sent to his address;
• the summons or other notice was sent to the last known place of residence or email address, which the person participating in the enforcement proceedings provided in writing to the bailiff for notification, but this person did not receive the summons or other notice;
• a summons or other notice in the form of an electronic document signed by a bailiff with an enhanced qualified electronic signature, sent using information and telecommunication networks in the manner established by the legislation of the Russian Federation.

Every driver should be as careful as possible, as deprivation of his license may be an unpleasant surprise for him. If a person learns about this only from a traffic police officer, then such a stop will entail a rather severe punishment.

If the requirement on which proceedings are being conducted is not a court document and is not applied by court order, then the bailiff or representative of the claimant may go to court to establish a measure of such influence on the person as a temporary restriction of the use of rights. After receiving a court order, the bailiff can enforce it.

The decree, which is handed over to the debtor (currently the bailiff is obliged to hand over the decree personally), explains in detail the need to pay the entire amount of the debt, the impossibility of driving the vehicle until the day the decree is canceled for an indefinite period.

Punishment for violation of temporary deprivation of rights

Article 17.17 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses) establishes punishment for the debtor’s violation of the temporary restrictions on vehicle control established in accordance with the current legislation on enforcement proceedings.

Such punishment is compulsory work for a period of 50 hours or deprivation of a driver's license for up to 1 year.

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Article 17.17 of the Administrative Code of December 30, 2001 N 195-FZ (as amended on April 23, 2018)

For how long can a driver's license be revoked?

The temporary restriction is valid until the debtor repays his debt in full and submits supporting documents. The day after the debt is paid, the bailiff lifts the restriction and transmits the information to the traffic police.

Since there is a temporary suspension and not a deprivation of rights, the driver, after the termination of production, does not need to retake the theoretical exam at the State Traffic Safety Inspectorate or undergo a medical examination.

Important: it is worth remembering that bailiffs do not always act promptly, so lifting the restriction may take a while.

List of documents for filing a claim

Decrees of bailiffs are appealed by citizens according to jurisdiction to the district court. This court must be located at the location of the bailiffs department on whose staff the defendant is.

The reasons for disputing are usually:

1. Imposing restrictions on a citizen from whom the bailiff, by law, cannot take away his driver’s license.
2. Violation of the requirement for personal delivery of the order to the debtor.

Once the alimony payer receives a decree that violates his rights, he must act very quickly, since he only has 10 days to file a claim. A sample application to the court is here. When drawing up an application, it is necessary to correctly write all the details of the decision being appealed and provide all the arguments proving its illegality.

The following documents usually serve as attachments to the claim:

1. Resolution on suspension of a driver's license.
2. Resolution on initiation of enforcement proceedings.
3. Evidence showing the illegality of the decision, for example, a medical certificate of disability; debt calculation (if the debt is less than 10,000 rubles); an employment contract or work record book, which confirms that the plaintiff works as a driver; a court decision to release the plaintiff from paying alimony debt.
4. Document confirming payment of the duty.

At the next stage, the plaintiff should proceed to pay the fee. Details must be obtained from the court’s website on the Internet. The fee can be paid at any bank, through Internet banking, through electronic money or through the State Services website.

A claim can be filed in 4 ways:

1. Deliver the documents in person.
2. Submit electronically through State Automated System “Justice”.
3. Send by mail.
4. Transfer through a representative by proxy.

If the case is not classified as complex, then its proceedings will not take more than 10 days after the court receives all documents. In rare cases, when a complex and complicated case is being considered, the chairman of the district court increases the trial period to 1 month.

Administrative proceedings are convenient for the applicant in that it does not require his mandatory presence in the courtroom during the hearing. Therefore, to win a case, in many cases it is enough to competently draw up a claim and support your arguments with evidence attached to the claim.

Of course, the judge can accept the bailiff’s arguments and refuse to satisfy the plaintiff’s claims. In this case, you need to prepare an administrative appeal within 1 month after the final form of the court decision is made and submit it to the regional court. If the bailiff loses the case, he must cancel the contested decision within 30 days and inform the court and the administrative plaintiff about this.

Replacement of rights during the period of restrictions

The sanctions imposed by the bailiff are related solely to the ability to drive the vehicle. The document itself is not subject to suspension and can be changed or updated on a general basis. These include expiration of validity, etc.

Important! The contractor does not have the right to confiscate the driver’s license. Accordingly, when replacing, the latter should not submit a special application to the FSSP or the court.

The measures will also apply to the new VA until the requirements are fulfilled or the verdict (order) is cancelled. The withdrawal procedure in this case remains unchanged. The executor makes a decision, approved by the senior bailiff.

This measure applies to all citizens against whom an executive decision has been made. The amount of debt cannot be less than 10 thousand rubles. In addition, Law No. 227 itself contains restrictions. For example, the debtor cannot be deprived of the main legal source of funds. The ban is excluded if he lives in a remote area, is disabled or supports him. Removal of restrictions by the bailiff is carried out no later than the first day from the date of occurrence of the grounds (debt repayment).

Arbitrage practice

The case was heard in the Industrial District Court of Stavropol, Stavropol Territory, in November 2021.

The demand of the administrative plaintiff was that the decision of the defendant (bailiff), according to which the plaintiff was limited in the right to drive vehicles, was declared illegal. In support of his claim, he stated that:

1. 
   The defendant is actually conducting enforcement proceedings, in which the plaintiff is involved as a person who has a debt for alimony.

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2. Enforcement proceedings were initiated legally, namely on the basis of a court order from a magistrate.
3. The defendant did issue a decree restricting the plaintiff's rights, but did not mail or personally serve the document on the plaintiff. The applicant received the contested decision only during a visit to the bailiffs department.
4. The plaintiff works as a driver, therefore, the actions of the bailiff deprive him of the main source of funds necessary for life.

Having considered the case, the judge came to the conclusion that the claim should be partially satisfied. The arguments given were:

• Alimony was collected from the plaintiff on the basis of a valid court order, which must be executed immediately from the moment of announcement.
• Next, the defendant initiated enforcement proceedings based on the court order and issued a corresponding resolution. As a result, the plaintiff incurred a debt, in connection with which the defendant decided to take away his rights to drive vehicles and issued a decree to this effect. The applicant did not agree with the decision and appealed it.
• From the case materials it follows that the plaintiff works as a driver at LLC Stavropolavtotrans Association and confirms this fact with a personal driver card.
• This work is the main source of livelihood for the plaintiff, so the defendant could not take such a measure against him as suspension of his driver’s license.
• In addition, the defendant did not provide evidence clearly indicating that the appealed decision was served on the other party to the proceeding or sent to it by mail. Thus, the defendant's actions are contrary to the law.
• However, the court cannot oblige the bailiff to cancel the appealed decision, since the court does not have the right to interfere with the powers and scope of activity of bailiffs. Thus, the bailiff must cancel the decision independently, but in pursuance of the court decision.

Whose driver's license cannot be suspended

The above regulatory legal act prescribes the grounds and procedure for temporarily blocking rights. Here are situations in which such a prohibition is not allowed. The law lists them in detailed order:

1. An arrest will deprive a person of his main source of income. We are talking exclusively about official activities. If a citizen works illegally as a taxi driver or moonlights as a delivery driver without documents, the bailiff imposes restrictions.
2. The vehicle seems to be the only way to maintain life for the person involved and his relatives. Seizures of a driver's license by a bailiff do not apply when a person lives in a remote location.
3. Disability or maintenance of a disabled citizen.
4. The court allowed payment in installments or deferred payment.

In all of the above situations, we are not talking about suspending a driver’s license for debts. If such a decision is made, it is challenged by a superior or in court.

Regulatory framework

When is the measure applied?

If the debt fits into one of the categories below, the debtor risks one day receiving information from a traffic police officer that he is prohibited from driving a vehicle. Here are the types of debts for which this sanction can be applied:

1. Child support debt.
2. Compensation for harm.
3. Non-property requirements (for example, if one of the parents prohibits the other from seeing their common child, despite the fact that the court ordered them to allow such meetings).
4. Unpaid administrative fines (primarily, by the way, traffic police fines).

The categories for temporary restrictions on the debtor’s use of special rights are as follows:

• the amount of debt is above 30,000 rubles, or 10,000 if it is alimony;
• the person did not fulfill his obligations within the time allotted to him.