How to put a child support debtor on the wanted list

In case of prolonged non-payment of alimony, the mother turns to the bailiffs to take appropriate measures against the debtor. But, as practice shows, malicious defaulters not only refuse to pay, but also hide from the creditor and the bailiff in order to avoid liability. Therefore, sooner or later, a FSSP employee is obliged to begin searching for the alimony debtor. How does this procedure take place, and can the search for the debtor be refused?

The purpose of the search is to establish the location of the debtor, his financial situation in order to bring him to justice and fulfill his alimony obligations. But if alimony debt arises, the search does not begin automatically; this requires your personal appeal. Based on it, a claim proceeding is initiated, the mandatory measures of which are:

• Sending a notification by the bailiff to the alimony payer at the declared or registered place of residence;
• If the debtor makes contact, then the official of the FSSP service will bring to his attention the measures to bring him to justice for non-payment of alimony, as well as the collection procedure and consequences.

The search for the alimony debtor is carried out on the basis of Federal Law 229, Article 65.

If the above conditions are not met and the defaulter cannot be found, he will be put on the wanted list.

The search itself is carried out not only by the bailiff service, but also by internal affairs officers.

How to make an application to search for alimony debtor

As we have already said, the search for alimony defaulter begins after you submit the appropriate application to the bailiff service. The application is written in any form, but must have a certain structure and content. Read the rules for writing it:

• In the header we indicate the branch of the bailiff service, address;
• Full name of the bailiff who is handling your case;
• Applicant details – full name, residential address, telephone number;
• In the middle, the title of the document is “Application for searching for alimony payer”;
• On the red line, write the essence of the appeal to the FSSP - the formation of alimony debt, the duration, the amount of the debt;
• We indicate all known information about the payer, as well as about persons who may know information about his location, information about property, last place of work, etc.;
• State what you want to achieve by contacting the bailiff - to find the alimony payer and bring him to justice;
• Indicate what serves as the basis for collecting alimony - a writ of execution, a court order or an alimony agreement;
• Date, signature.

The application is considered for three days, after which the bailiff issues a corresponding order to begin search activities.

After you have submitted the application, it is registered, and a copy is sent to the last location of the defaulter.

In some cases, if the recipient of alimony has previously filed an application for forced collection of debt and enforcement proceedings have been opened in this case, then the bailiff, without re-applying for search, can independently initiate a search for the debtor.

Sample application to search for alimony debtor

Search for a debtor by bailiffs

The bailiff service has a special management department, which is charged with searching for defaulters and bringing them to justice. Their responsibilities for finding the debtor include:

• Obtaining personal data about the defaulter from the internal affairs bodies;
• Submitting a request for the availability of any type of property to the BTI and the traffic police;
• Checking information from the customs service about the possible exit/entry of the debtor;
• Obtaining information from financial organizations about the availability of a bank account with the payer and its actual movement;
• Obtaining data from the tax office, pension fund, registry office;
• Studying various types of documentation that is recorded in the name of the payer;
• Searching and using information about the debtor through social networks and other media;
• Conducting a survey of close relatives, friends, colleagues;
• Departure to the location of the defaulter’s property for inspection and assessment.

If, after investigative measures have been carried out, the last location of the payer was recorded in the territory that belongs to the FSPP service department, then further search and prosecution is carried out by the current bailiff.

And if the alimony debtor, according to the latest data, was found outside the territory where the current bailiff is working, then enforcement proceedings are transferred to another body at the intended place of residence of the parent.

It is impossible to return the case without taking appropriate measures to search for the debtor by another territorial department of the FSSP. This action is prohibited by law.

The time frame for searching for malicious defaulters on alimony obligations is fixed in Federal Law No. 229, Article 46, and the Civil Procedure Code, Article 278.

As for the duration of the search for debtors, according to the latest changes, these activities are carried out throughout the year.

After the expiration of this period and unsuccessful searches, the enforcement proceedings are closed.

The creditor may re-apply with a new application, but if search efforts are again unsuccessful, the defaulter may be declared missing.

Bringing the debtor to justice

If the claimant turns to the FSSP in order to find the defaulter, then this already indicates that evasion of alimony has acquired a malicious nature. In this case, the bailiff must not only search for the defaulter, but if the result is positive, bring him to justice. First of all, administrative measures are applied to the debtor. It could be:

• Ban on traveling abroad;
• Revocation of driver's license;
• Fine up to 25,000 rubles;
• Community service up to 150 hours.

But if the above measures do not have the desired effect on the payer, then all that remains is to bring him to criminal liability.

This is possible if alimony has not been paid for more than a year, the debtor provides false information about his income and location, ignores orders and hides from the bailiff.

Measures of criminal liability for non-payment of alimony include (Article 157 of the Criminal Code of the Russian Federation):

• Correctional work;
• Arrest for 15 days;
• Imprisonment for up to 1 year.

They can be held criminally liable only after a court decision has been made.

However, as practice shows, the use of criminal measures against alimony debtors is extremely rare, in contrast to administrative liability.

But if the amount of the debt is quite large and the alimony payer does not have the opportunity to pay it off or he refuses, then, on the basis of a resolution of the FSSP, the property registered in his name can be seized and sold in order to compensate for the debt.

Refusal to place a wanted notice

Like any other appeal, a search application may also be rejected. But at the same time, the bailiff must justify his refusal.

Depending on the reason for the refusal, you can reapply after a certain time or appeal the decision to a higher authority.

If the bailiff’s guilt is proven, he may be fired, deprived of his bonus, or held accountable. When contacting the court or prosecutor's office, you must provide the following information:

• Date of filing the search application;
• Whether your application was accepted or not, if not, what was the reason, and if it was returned back during the consideration process, then on what basis;
• What is the inaction of the bailiff;
• What rules of law were violated.

Thus, we found out that the search for alimony debtors falls on the shoulders of the bailiff service, which is why you need to contact them there. You will be required to write a corresponding statement and prove the fact of non-payment of the debt. The rest depends on the work of the FSPP officer and the internal affairs bodies.

How to put a child support debtor on the wanted list?

For debts over 10,000 rubles. The bailiff has the right to announce a search for the alimony debtor. This is one of the enforcement measures for the forced collection of funds. It has consequences for all parties: both for the alimony obligee and for the claimant. To start a search, the bailiff must make sure there are grounds and carry out a number of actions.

Grounds for putting alimony debtor on the wanted list

The state protects the interests of children in the first place, therefore the Federal Law of October 2, 2007 No. 229-FZ provides for such a measure as executive search. The basis for its announcement is a combination of the following factors:

• debt amount over 10,000 rubles;
• inability to establish the exact location of the alimony obligee;
• non-payment of alimony due to the fault of the payer;
• dismissal from work without subsequent notification of the bailiff;
• There is no way to contact the alimony payer by phone due to his fault.

Important! The executive search is used if other measures of influence on the debtor are ineffective. This may be preceded by the seizure of bank accounts if they do not have enough funds to repay the debt.

Simultaneously with issuing a search warrant, the bailiff has the right to restrict the right to use a driver’s license and prohibit travel outside the Russian Federation. The search is carried out on the initiative of the claimant or the bailiff himself, who has discovered a sufficient number of grounds for this.

Purposes of the search

Search activities are carried out to achieve the following goals:

• Establishing the actual address of the defaulter.
• Finding out the location of his property for subsequent sale after the arrest and seizure procedure.
• Notification of the possibility of administrative or criminal liability.

The latter is the most important for the bailiff. According to the law, to attract under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, the debtor is allowed only after prior notice of this. The alimony obligee is given a month to voluntarily repay the debt after receiving the corresponding letter.

If administrative measures have no effect on the payer and he has again accumulated debts or has not repaid previous ones, prosecution under Art. 157 of the Criminal Code of the Russian Federation.

Who conducts the search activities?

The initiator of search activities is the bailiff who issued the relevant decision or the recoverer. The presence of this document is the basis for applying a set of measures aimed at identifying the location of the debtor and his property:

• requesting information from financial organizations, the Pension Fund;
• obtaining information about the property owned by the person liable for alimony, on which an encumbrance can be imposed (prohibition of registration actions);
• checking the defaulter’s real estate and vehicles in order to identify his location;
• interviewing neighbors and acquaintances;
• dissemination of information about the wanted person using means of communication, posting an advertisement on the official website of the FSSP;
• sending requests to government agencies: Federal Tax Service, customs authorities, traffic police, Ministry of Internal Affairs, etc.;
• studying documents belonging to the debtor;
• obtaining personal data about the defaulter.

The above measures make it possible to limit the legal capacity of the person liable for alimony as much as possible: as soon as he decides to purchase or sell real estate or go abroad, the bailiffs will become aware of this.

The procedure for putting a debtor on the wanted list

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As mentioned earlier, the initiator of search activities can be the bailiff or the debt collector himself. It is important to consider that putting a debtor on the wanted list is possible if enforcement proceedings have been initiated, if other methods of influence have not helped.

If the procedure is carried out at the initiative of the creditor, everything looks like this:

1. An application is submitted.
2. The application is considered by the bailiff within 3 days from the date of receipt, then a decision is made. It is submitted for signature to the head of the territorial division of the FSSP.
3. Within 1 day, the parties to the individual entrepreneur receive copies of the resolution. One of them is sent to the debtor at the address of registration or last known place of residence. To end the search, it is enough for him to appear at the FSSP, and in order to avoid being brought to administrative or criminal liability, he must pay off the debt or submit certificates confirming that the debt arose through no fault of his.
4. During the search, the bailiff sends information to all government agencies to identify the actual location of the alimony payer.

If the enforcement search does not produce results within 1 year, the bailiff explains to the collector his right to declare the debtor missing through the court. If there is a court decision, it will be possible to issue survivor benefits for the child.

Where to contact?

An application to put a debtor on the wanted list is submitted to the FSSP unit where the individual entrepreneur was initiated. Subsequently, on the basis of the resolution, search activities can be carried out:

• at the place of individual entrepreneur;
• location of the debtor's property;
• his last known address.

How to make an application?

The legislation does not establish a specific form of application for putting a debtor on the wanted list. When filling out, please indicate the following information:

• full name of the FSSP;
• Full name and position of the bailiff, leading individual entrepreneur;
• Full name, date of birth of the debtor;
• the date of the last alimony payment, the total number of months of delay;
• circumstances: impossibility of maintaining telephone communication with the alimony obligee, his deliberate concealment from the claimant, etc.;
• request to put the defaulter on the wanted list;
• date of compilation and signature.

When filling out an application, you must refer to Art. 50 Federal Law No. 229, which gives claimants the right to petition the bailiff to take enforcement action. You should also indicate Art. 65 Federal Law No. 229, according to which, if there are grounds, the defaulter is put on the wanted list.

Documentation

When submitting an application to the FSSP you will need:

• passport;
• a copy of the resolution to initiate IP;
• a certificate of the bank account where alimony should be received - it confirms the fact of non-payment of money from a certain date.

Certificates of the debtor's earnings may also be useful.

Terms of proceedings

After receiving an application from the claimant, the bailiff is given 3 days to issue a decision to declare a search. It must be signed by a senior bailiff. The total period is 1 year.

Grounds for refusal

The reason for refusing to satisfy an application may be the provision of an incomplete package of documents or the lack of grounds for putting the defaulter on the wanted list:

• the amount of debt is less than 10,000 rubles;
• the location of the alimony obligee is known, he maintains contact with the claimant and the bailiff.

This is also important to know: How to abandon a child to the father and not pay child support?

Let's look at a practical example:

The Agafonovs divorced in 2015, leaving a minor son with the woman. Until 2018, the man regularly paid alimony in the amount of 25% of his earnings (8,000 rubles), but in July he did not transfer the money.

The ex-wife immediately turned to the bailiff with a request to issue a resolution to put the alimony person on the wanted list.

Having examined the documents, the FSSP employee issued a written refusal, citing a small amount of debt and the absence of signs of malicious evasion. They established that the payer was not hiding from payment and was getting in touch, and the delay was due to a delay in wages.

How to recognize a debtor as missing?

Recognizing the debtor as missing allows you to apply for survivor benefits. This is possible if within 1 year after the search was announced it was not possible to establish his whereabouts (Article 42 of the Civil Code of the Russian Federation).

The recognition procedure is carried out in court and looks like this:

1. The plaintiff (claimant) files a statement of claim with the district court at his place of registration or residence.
2. When considering a claim, the judge requests information from the FSSP and other government agencies to identify the latest actions on behalf of the absent citizen.
3. A court date is set. The case is considered with the participation of the prosecutor's office.
4. If necessary, a trustee for the debtor's property is appointed.
5. If a claim to declare a citizen missing is satisfied, an extract from the decision is sent to the registry office for entering information into the documents.

Consequences for the debtor

If the debtor is deliberately concealed from the claimant and the bailiffs, when carrying out transactions involving government agencies or banking institutions, the debtor will be detected if information about the search was sent there by the bailiff.

Subsequently, the individual entrepreneur is transferred to the FSSP at the place where the defaulter is detected. Compulsory collection is carried out there. The court decision to declare a citizen missing is subject to cancellation, and the registry office entries are cancelled.

Documents for court

When going to court, the following is provided along with the claim:

• writ of execution (IP);
• a copy of the search warrant;
• passport;
• child's birth certificate;
• receipt of payment of state duty in the amount of 300 rubles.

When representing the interests of the plaintiff, a legal representative will need a notarized power of attorney.

How to put a child support debtor on the wanted list: step by step, sample application

When alimony payments cease to be received, the legal representative of the minor has the right to apply for compulsory collection of the debt.

In case of evasion of payments and concealment of his location, various sanctions may be applied to the defaulter.

A delay in payments of several days is not a reason to carry out a search for a person who is in arrears on alimony. When a situation arises with many months of absence of contributions and the inability to contact the debtor, it is worth studying the sequence of actions and features of the alimony search procedure.

General provisions

The basis for collection is a court order, decision, pestilence agreement. According to Art. 65 Federal Law No. 229, an executive search is carried out - comprehensive measures to find the whereabouts of a person who has alimony debts, as well as a search for property that can be taken into account as alimony or sold as payment.

Search measures for the fulfillment of alimony obligations are carried out by a responsible FSSP employee who has the authority to carry out search actions.

When it is impossible to find a person, and the fulfillment of financial obligations has been stopped, the FSSP announces a search for alimony debtors. Due to the difficulties of searching and the lack of sufficient powers and resources, parents raising a minor turn to the bailiff to organize search activities.

Grounds for searching for alimony debtor

The following situations may trigger official action to locate the defaulter:

• The parent evades obligations to support the child.
• The debt exceeded 10 thousand rubles.
• The bailiff cannot establish contact with the debtor due to the lack of information about a valid telephone number for communication.
• The parent who does not pay funds in favor of the child does not live at the registered address known to the bailiff.
• The debtor quit his previous job, but did not inform the bailiff or the recipient of alimony about the new place.

• The above circumstances together give the right to contact the collection department of the Bailiff Service to write a statement with a request to put a person who has not paid alimony for a long time on the wanted list.

Powers of the bailiff

The powers of the bailiff include many ways to find a person:

• Sending inquiries about the citizen of interest to the country's financial institutions.
• Using personal confidential information about a citizen who has a debt for the purpose of organizing repayment.
• Performing checks on citizens' personal papers.
• Check at certain addresses, inspection of premises, buildings, movable property.
• Processing of documents in various areas in order to determine the location of the defendant.
• Interviewing people from the defendant’s inner circle.
• Dissemination of information about search activities through various sources, including the Internet.
• Interaction with the Pension Fund of Russia, financial institutions, law enforcement agencies.
• Sending requests to the State Traffic Inspectorate, structures of the Ministry of Internal Affairs, and the Federal Tax Service.
• In order to establish the residence address of a citizen, requests can be sent to Rosreestr, customs officers, and employees of the fiscal authority.

After the defendant is found, further enforcement actions will continue at the address where the debtor belongs.

Deadlines

Despite all the measures taken, it is not always possible to track a person’s whereabouts, especially with frequent movements, lack of registration, official earnings, or property. In some cases, the search may take years.

All this time, the mother alone provides for the child financially, participating in the development and formation of personality. The absence of information about a person does not relieve him of his obligations, and rather severe penalties are provided for a persistent violator, both within the framework of administrative regulations and under the Criminal Code of the Russian Federation.

During the entire time during which a person is on the wanted list, the claimant cannot seek help from the state in the form of benefits or subsidies for a child left in the care of a single parent, which violates the civil rights of a minor.

In this regard, legislators proposed amending Art. 43 of the relevant law, as well as in Article 278 (part 1) of the Code of Civil Procedure:

1. If the search, which lasts a year, does not lead to the discovery of the debtor, the writ of execution must be returned to the recipient of alimony, and enforcement proceedings are terminated.
2. The claimant has the right to receive clarification on the procedure for recognizing the father as missing or deceased, which in the future will allow him to receive benefits from the state.

Recognition of an alimony defaulter as missing gives the right to apply to government authorities for a survivor's pension, which often coincides in level with the alimony that was not received.

Description of the procedure

The process of searching for an alimony payer is multi-stage and includes several types of activities in relation to the debtor and the claimant:

• Finding out the place of residence of a person who has debts to pay child support.
• Identification of objects of property, movable property from which funds can be recovered for the child, arrest is imposed.
• Notifying the debtor about emerging obligations, with the delivery of a notification against signature, about the possibility of bringing to justice under the Criminal Code or the Code of Administrative Offenses (Article 5.35.1 of the Code of Administrative Offenses, Article 157 of the Criminal Code).

• Thus, the implementation of the main duties of a bailiff requires interaction with the defendant, and therefore a preliminary search for the person.

It should be taken into account that measures to bring to punishment necessitate contact with the debtor, which means that before bringing to justice, it will be necessary to notify about possible problems.

In the absence of appropriate measures and activity on the part of the FSSP employee, the child’s legal representative can initiate the search process independently by contacting the official under Article 65 of Federal Law No. 229 (clause 3).

If you have accumulated a debt for alimony payments, you must act in the following order:

• Determine the amount of overdue payments - more than 10 thousand rubles.
• On the day designated for receiving visitors, they contact the FSSP department in which enforcement proceedings were initiated with a statement.
• If it is impossible to visit the department in person, the document is sent by mail, by registered mail, addressed to the responsible employee or the head of the department.

1. If the responsible employee of the service refuses to organize a search, this decision can be appealed by sending complaints to:

• Head of the FSSP department.
• A higher authority (in the regional administration).
• The judicial body to which the relevant department of the FSSP, which refused the search, belongs territorially.
• Prosecutor's office, if facts of harboring a defaulter, receiving a bribe, etc. are established.

The text of the appeal must describe in detail what violations were identified, refusal to fulfill obligations, and inaction. If violations are confirmed based on the results of the inspection, administrative liability and sanctions are provided for the employee of the government body.

Drawing up an application

If the search is not organized by the bailiff himself, an application is submitted.

The text of the document is written in free form, in compliance with certain details and form requirements:

1. The header of the application contains the name of the department, position and name of the bailiff conducting enforcement proceedings, information about contacts, personal information about the debtor and recipient.
2. The title of the document should reflect the main reason for the application - the search for a civilian who has overdue payment arrears with reference to the resolution (number, date) and writ of execution.
3. The text of the petition must describe the circumstances and reasons for the application, loss of contact with the second parent, the period of no contact and termination of payments.
4. The conclusion contains a requirement to organize a search based on legislative references. As additions, they include information about the person’s relatives, contacts, and sources of information about the place where the debtor may be located. At the same time, they express a request to find the debtor’s property.

If the legal representative of a minor cannot apply in person, his interests can be represented by a lawyer on the basis of an issued power of attorney.

After a citizen who has evaded the fulfillment of his parental obligations is found and his place of residence is determined by the bailiff, the regulations require preliminary notification of the resulting debt, and only then, after refusing to pay the money, apply penalties in the form of administrative measures with the sale of property to pay debt, or criminal measures with forced labor, arrest, serving a sentence.

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Search for alimony debtor by bailiffs: grounds, terms, sample application

If the alimony debtor hides and evades payments, the claimant has the right to demand investigative measures. The bailiff can independently put a citizen evading payment of alimony on the wanted list. Many collectors do not know on what grounds the alimony holder is put on the wanted list and how the procedure goes.

Grounds for putting a debtor on the wanted list

Before writing an application to search for an alimony debtor, you should make sure that there are grounds for this.

Measures can be taken to establish the location of a citizen and his property in the following cases:

• the citizen evades fulfillment of alimony obligations;
• alimony debt is more than 10,000 rubles;
• the citizen does not contact the bailiffs and the collector;
• the defaulter does not live at the registration address, is absent from the place of residence specified in the executive document;
• the debtor was fired or laid off from his previous job, without notification of new employment.

If these circumstances occur, the claimant has the right to contact the bailiff conducting alimony proceedings with a corresponding application.

The search for the alimony holder can be announced:

1. Based on the claimant's application.
2. At the initiative of the bailiff for alimony.

The bailiff is obliged to draw up a plan of investigative measures and send requests to the relevant authorities to obtain information about the debtor.

How to put alimony debtor on the wanted list?

Searching for a defaulter involves establishing the location of a citizen and his property for subsequent seizure. In addition, the bailiff must personally hand over to the debtor, against signature, a notice of holding the citizen liable.

If the bailiff did not independently initiate the search for the debtor, the collector has the right to contact him with an application drawn up in accordance with paragraph 3 of Art. 65 Federal Law No. 229-FZ “On Enforcement Proceedings”.

The procedure for putting a child support worker on the wanted list:

1. Make sure that the alimony debt as of the date of application exceeds 10,000 rubles.
2. Write a search statement in accordance with current legislation. A sample can be obtained from the service department.
3. Contact the FSSP department where the enforcement proceedings were initiated to transfer the application to the bailiff.

Recommendation! The application is drawn up in two copies, one of which is marked with acceptance of the document. The copy with the mark remains with the claimant. If it is not possible to deliver the application in person, you can send it by registered mail with notification.

How to make a statement about searching for a defaulter?

You should not wait until the bailiff initiates search activities. If there are grounds for searching for the alimony provider, you should submit the appropriate application yourself. If the bailiff considers the grounds to be significant, then a search case will be opened, and if not, then the application will be refused.

The application for searching the debtor contains the following details:

1. Information about the applicant.
2. Department name, position and full name. bailiff in charge of production.
3. Information about the debtor.
4. Data from the writ of execution on the assignment of alimony obligations.
5. Grounds for the search (fact of evasion of alimony payment or lack of any information about the debtor).
6. Requirement to conduct search activities.
7. Other information relevant for the search (possible place of work or location of the citizen).
8. List of attached documents.
9. Signature of the claimant and date of filing the document.

After receiving the application, the bailiff has three months to make a decision. Then a search decision is issued, or a decision to refuse to conduct a search (if not, then there are no grounds).

The bailiff begins search activities only after the decision is issued. If the applicant disagrees with the decision of the bailiff, the former has the right to appeal the decision in court or appeal to higher authorities.

Where does the bailiff submit requests to search for the debtor?

To find the defaulter, requests are sent to various authorities. The powers of bailiffs to collect information about the debtor are determined by the Federal Law “On Enforcement Proceedings”.

Requests are submitted to the following authorities:

1. FMS - about citizen registration.
2. Rosreestr - about the availability of real estate.
3. Traffic police, Gostekhnadzor - about the presence of movable property.
4. Banks and credit organizations - search for debtor accounts.
5. Pension Fund - obtaining information about a citizen’s place of work.

In addition to the authorized bodies, the bailiff visits the address where the defaulter last lived to interview neighbors. During search activities, relatives of the debtor are identified and interviewed, and information on social networks is reviewed.

How to put a defaulter on the Federal wanted list?

To put a debtor on the federal wanted list, the FSSP investigator needs to initiate a criminal case on the basis of Art. 157 of the Criminal Code of the Russian Federation, and send an order to search for a citizen to the Ministry of Internal Affairs. Under such circumstances, the debtor will be considered a suspect, which will significantly speed up the search process.

To bring the defaulter to justice in accordance with Art. 157 of the Criminal Code of the Russian Federation, the claimant will need to submit an application demanding the initiation of a criminal case. Based on the demands of the collector, the bailiff contacts the police to search for the defaulter.

Search terms

The legislation does not limit the period of search in alimony cases. But if the search is delayed, the bailiff has the right to terminate the proceedings and return the writ of execution to the recoverer.

Advice! In the future, the claimant has the right to file a writ of execution for re-execution and resume proceedings.

Search for non-payment of alimony: how to submit documents for search?

Many particularly unscrupulous defaulters try not only to evade paying alimony, but also to hide from bailiffs. That is why the latter have to put debtors on the wanted list for non-payment of alimony, the main purpose of which is to bring them to criminal responsibility for failure to fulfill parental responsibilities.

Bailiffs' rights

The search for non-payment of alimony is regulated by the same Federal Law “On Enforcement Proceedings”, according to which the bailiff conducting debt collection proceedings has the right:

1. Restrict the movement of the debtor abroad;
2. Impose a temporary restriction on the use of personal transport (deprivation of a driver’s license for non-payment of child support);
3. Seize or confiscate the debtor's property;
4. Put the debtor on the wanted list for non-payment of alimony;
5. Transfer the case of non-payment of alimony to the court to bring the debtor to criminal liability.

As soon as there is a failure to pay alimony, the claimant needs to submit an application to the bailiff service to open enforcement proceedings.

Thanks to new legislative amendments that came into force in 2016, alimony debtors can now be subject to imprisonment penalties. The need to introduce additional sanctions is due to the low percentage of alimony payments, which violates the property interests of minor citizens.

On the other hand, restriction of freedom is a violation of the constitutional rights of a parent. Therefore, there is a limited list of grounds on which a parent can be held accountable.

Attention! The application of criminal liability norms is allowed only in the case of repeated bringing of the alimony-obligee to administrative liability.

Conditions for putting a debtor on the wanted list

As a rule, during the first period of evasion of alimony payment, debtors continue to be in their place of permanent residence. Bailiffs at the very beginning of enforcement proceedings:

• Send a notice to the debtor about the need to repay the debt;
• Invite the debtor to a personal conversation at the FSSP office;
• Send information about the need to repay the debt to the following organizations:
  • At the debtor’s place of work;
  • To the tax office to clarify income;
  • To banks servicing financial accounts of debtors.

As soon as evidence of malicious evasion of alimony appears in the case, bailiffs can move on to more stringent enforcement measures.

The grounds for declaring a debtor a malicious evader are:

• Conscious intent to avoid paying alimony;
• Stable alimony debt, steadily growing;
• The total duration of the debt is four months or more;
• Receiving hidden income or transferring official wages to unofficial ones;
• Falsification of financial and accounting reports on monthly income;
• Concealing both the place of work and the address of actual residence.

It is at this moment that the debtor is tempted to hide from the bailiffs.

How to put your ex-husband on the wanted list for non-payment of alimony?

As soon as the senior bailiff has signed a decree putting the debtor on the wanted list for non-payment of alimony, data about him is transmitted to almost all authorities:

• Traffic police authorities;
• State authorities for registering property rights to real estate;
• Tax Inspectorate;
• Federal Customs Service;
• Police, etc.

• If the father is hiding from alimony payments, but continues to officially work, then bailiffs can easily find her address through the regional branch of the Russian Pension Fund.
• The next stage of searching for the debtor, if the ex-husband does not pay alimony, is to find his place of residence, while simultaneously seizing his property to the extent of his debt.
• You can put someone on the wanted list:

1. According to the claimant of alimony;
2. On the initiative of the bailiff conducting the proceedings.

If malicious evasion from paying alimony and the need to find the whereabouts of the debtor are proven, he will be put on the wanted list for failure to pay alimony by order of the senior bailiff.

How is the federal search for alimony carried out?

As soon as a resolution is drawn up to place the debtor on the wanted list for non-payment of alimony, he is transferred to:

• At the first stage - for review and approval by the senior bailiff;
• At the second stage - to the regional police department.

At the time of searching for the debtor, punishment for evasion of alimony payment cannot be imposed, since the defaulter does not have the opportunity to defend his rights.

• Intermediate stage:
  1. There is a restriction on travel outside the country;
  2. The photograph and personal data are transferred to customs officers, traffic police and transport companies;
  3. A temporary restriction of driver's licenses is being introduced, thanks to which bailiffs are able to track the debtor by his car number.

When the debtor first refuses to pay the alimony debt and makes contact, the bailiff draws up a special protocol on the commission of an administrative offense. As a result, the debtor will be fined. If the situation worsens, the case of evasion of alimony will be referred to the judicial authorities.

Consequences of evading alimony payments

As we said just above, with prolonged and malicious evasion, an unscrupulous alimony payer may be brought to criminal liability.

!Punishment for such an offense can reach three years in prison.

The main types of punishment for evading alimony payments:

• Correctional labor for a period of 12 months;
• Forced labor – 1 year;
• Imprisonment - up to 1 year (by court decision, the sentence can be increased to three years).

In any case, alimony evaders face legal liability (administrative or criminal).

Sample application to search for alimony debtor

The application can be written in free form. It is acceptable to submit a document written by hand.

The text of the application must indicate:

• Name of the territorial department of the FSSP;
• Full name of the bailiff conducting enforcement proceedings;
• Information about the recipient (full name, contacts);
• All information about the debtor known to the applicant (full name, place of work, registration address or location of property, etc.);
• Abstract description of the circumstances of the case;
• A petition to place the debtor on the federal wanted list for non-payment of alimony;
• List of attached documents;
• Date, signature.

How can I help find a child support debtor?

No one will deny that with the help of a recipient of alimony who has been closely acquainted with the debtors for a long time, bailiffs will be able to find him faster.

So, to help the bailiffs find the debtor, remember and provide the following information about the debtor:

Addresses of country real estate:

• Debtor;
• His relatives;
• Close friends.

Does the alimony debtor have his own business? If yes, then the address and name of his company;

Addresses for his property within the city:

• Commercial area;
• Apartment, house, plot;
• Garage, utility rooms, warehouses.
• Vehicle number;
• Data and contacts of close people of the debtor;
• List of favorite places to spend time.

What to do if the search for the debtor does not bring results?

The search for alimony debtor can delay not only months, but also years. In order to protect the child and his mother from a disastrous financial situation during this period, the state endowed her with the following rights:

• The right to an increased child benefit (50% will be added to the amount of the benefit) - you must obtain a certificate from FSSP employees about non-receipt of child support;
• Deprive the father of parental rights;
• Supervise the work of bailiffs;
• File a complaint about the inaction of bailiffs;
• Put your ex-husband on the federal wanted list for non-payment of alimony.

If the search for the debtor does not bring results, then police officers will issue a special document confirming that the debtor has disappeared in an unknown direction. On this basis, the child’s mother can apply to the court to declare her ex-husband missing and award a survivor’s pension.

Conclusion

If you promptly put the debtor on the wanted list for non-payment, you can not only speed up the process of finding him, but also help him receive child support in full for the entire period of delay. In addition, a penalty for non-payment of alimony will be added to the payments at the rate of 0.5% of the debt amount for each day of delay.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

How to put alimony debtors on the wanted list: who does it, the bailiff

There are cases when a parent paying alimony for a minor child suddenly disappears, does not get in touch and, accordingly, stops making alimony payments. How to put a child support debtor on the wanted list? You can find out more about this in this article.

What are the consequences of evading alimony?

If a spouse evades paying alimony, he faces administrative or criminal liability. Such measures can be applied even if the defaulter pays alimony partially, but because of this a certain debt has accumulated.

Administrative penalties include fines of varying amounts, deprivation or partial deprivation of any rights if the principal deliberately interferes with the work of bailiffs. This may include providing false information about the place of work, level of earnings, or possession of property.

Important! In addition to all the rules, you need to remember that alimony is the property of the child himself and it is recommended that such payments be spent by the person to whom they are received precisely for the purpose of his life support. But, as an option, a child who has not reached the age of majority still has the right to independently dispose of these funds.

Criminal liability is applied to such defaulters who evade their duties for about a year. These persons hide their income, location of work, property.

This could be forced labor, arrest or even imprisonment.

In addition, the court is allowed to pass a verdict to collect a certain amount from the defaulter as a penalty. Its volume will be approximately one percent of the total debt, but this amount accumulates every day.

Grounds for putting a child support worker on the wanted list

Application to search for alimony debtor

Initially, the search for alimony workers by bailiffs is expressed in explanatory work with the debtor at the place of registration. The conversation is about protecting the rights of both parties and the procedure for paying alimony payments.

A defaulter can be put on the wanted list in two cases:

• no alimony payments are made;
• the location of the alimony worker is unknown.

If the address of the defaulter is unknown, then the official can submit a search for this person and his place of residence to the federal service.

If the debtor does not pay the payments ordered by the court, the bailiff can come to the place of residence and forcibly collect alimony.

If the alimony person hides his income or property, the bailiff can make a request to banks, the pension fund, and the traffic police to establish the availability of material assets and place of work.

Further, if the principal continues to evade payments, the property may be seized.

Application to search for alimony debtor

Collection of property of alimony debtor

The search for alimony, first of all, begins with an application to find the pawnbroker.

If there are no alimony payments, the claimant has the right to contact the bailiffs and establish his whereabouts. But for this, the debt must be more than 10,000 rubles.

The claimant can submit this application to a representative of the enforcement service at the place of collection. A sample of such a document can be viewed here.

What must be indicated in the application to find the defaulter:

• name and address of the executive body that is responsible for collecting alimony;
• information about the applicant and the borrower who needs to be found;
• further in the text it is necessary to indicate whether the amount of the debt exceeds 10,000 rubles, and what collection measures have already been taken.

It is also necessary to indicate a request to initiate a search on the basis of a document such as Federal Law No. 229-F3.

Bailiff's decision

Recognition of alimony debtor as missing

From the date of submission of the application, the request is considered within 3 calendar days. After this, the authorized body issues a resolution to place the defaulter under investigation or to refuse to satisfy the request. The implementation of such a resolution provides for a ban on the departure of the alimony worker.

Search for alimony debtor after the decision is made

Interesting! Bailiffs search for the defaulter after approval of the Resolution. In this case, all investigative actions provided for by law are used.

This search can be announced at the place of execution of the order or the last place of residence of the debtor. Search operations are carried out on the territory of the Russian Federation, as well as foreign states on the basis of certain international treaties.

There is no time limit here, so search activities can last the entire duration of enforcement proceedings.

After the problem is closed, that is, the judicial authorities discover the debtor, they have the opportunity to warn the defaulter about the payment of the alimony debt. If the alimony provider refuses to admit that he was wrong and make payments for child support, the bailiff is forced to take coercive measures in the form of administrative and criminal liability.

Refusal of a wanted notice: what to do

Without sufficient grounds, the bailiff has no right to refuse to accept an application for search proceedings. The official is obliged to provide a reason for refusing to search for the debtor. The claimant may appeal the refusal of the judicial authority by the following methods:

• write the appropriate paper to the head of the FSSP department or higher authorities;
• come with this document to the prosecutor's office;
• appeal through a court decision.

The fastest and most effective way is to contact the prosecutor's office. This service is obliged to respond to the request. It is necessary to submit a document for appeal in free form, indicate the date of filing the application and, most importantly, convey the essence of the case, as well as all the necessary information.

Note! The entire investigation process is carried out under the control of the local district prosecutor's office.

This entire collection process may take quite a lot of time, but you should not be afraid of this, if the applicant knows for sure that he is right, then it is necessary to seek justice. In many cases, the success of a case depends on the petition of the applicant.