Deprivation of driver's license for failure to pay child support in 2023

In November 2015, the law on enforcement proceedings was amended. In practice, it began to be used on January 15, 2016. It is from this moment that the answer to the question “can they deprive their rights for non-payment of alimony?” became positive.

With the introduction of these changes, the capabilities of bailiffs have significantly expanded.

When collecting debt, they take specific actions, among which a new one has appeared - a temporary restriction on the use of a special right.

The “special” right in this case means the right to drive a car. As a conclusion, alimony debts can now lead to temporary deprivation of driver status.

Note that the law uses the term “restriction”, which indicates the suspension of the validity of the certificate. The debtor's fulfillment of his legal obligations to pay child support restores his driving status.

Child support debt is just one type of debt that can lead to your driver's license being taken away. This rule also applies, for example, to all claims related to the commission of a crime; for obligations arising from injury to health.

Of course, such a measure will not have an impact on someone and he will continue to drive a car, but without a license.

The measures are quite severe, therefore, continuing to act unlawfully, the driver will only aggravate the situation.

The application of such a measure as deprivation of a driver's license to debtors has proven to be quite effective. It is impossible to return a driver's license without paying the debt, so the percentage of car owners who owe child support has decreased.

Conditions for revocation of a driver's license

The rules on deprivation of a driver's license for non-payment of alimony apply to individuals, including those who are individual entrepreneurs.

The law specifies the conditions under which the driver’s rights may be restricted. In what case can a driver’s driver’s license be taken away from a debtor?

Firstly, proceedings must be initiated against the driver to execute a judicial act . The starting point for it is one of two documents:

• a court order that performs a dual function: it contains a decision on the merits of the case and is presented for the enforcement of such a decision;
• a writ of execution, which is prepared based on a court decision.

Secondly, the amount of debt must be at least 10 thousand rubles . You cannot deprive your rights for a small debt. The period during which the specified amount was formed does not matter.

Thirdly, a situation is possible when, for one reason or another, a debtor is allowed to pay the debt later or in installments over a certain period of time . In this case, deprivation of rights is prohibited. We are talking about deferment and installment execution.

It has the right to be provided by the body that made the decision on collection (as a rule, this is a court).

If execution is deferred, the court decision is not executed for some time in principle; during this period, bailiffs do not have the right to take any measures against the debtor. Installment plans make it possible to divide the debt amount into several payments.

In this case, the entire amount of debt is not collected from the debtor at once, but is followed by a specific schedule. The deferment period and payment schedule for installments are determined by a written document (act) of the authorized body.

In the absence of any of the above conditions, the debtor driver cannot be deprived of his right to drive a car. If the bailiffs applied this measure, their decision must be appealed.

Who can't have their driver's license revoked?

Suspension of driving status is not always possible. The law establishes a closed list of persons to whom this measure cannot be applied. Thus, restriction of a driver’s license for non-payment of alimony is not allowed if:

1. For the debtor, having a driver's license is associated with the main source of income (for example, if he works as a taxi driver, bus driver, etc.). The wording “main source” means that a citizen may have other income not related to driving, but the latter constitutes the lion’s share of total earnings.
2. The debtor lives in a remote area where transport links are not established. In this case, the car should be the only possible means of transportation for him and his family members (of course, subject to living together). This provision is quite fair, since otherwise a person, although he owes a certain amount, will not be able to provide himself with all the essentials of life (food, fuel, etc.).
3. The driver is disabled and needs the car to get around.
4. The debtor has dependents (one or more) belonging to one of the following categories:

• disabled person of group I;
• disabled person of group II;
• disabled child.

In this case, it is necessary to have medical documents confirming the establishment of disability.

When collecting arrears of alimony, the bailiff must first check that the debtor does not belong to any of the specified categories. Otherwise, it is possible that restrictions may be set illegally for the driver.

However, situations are different, and if the bailiff made a decision illegally, then you need to petition for its cancellation.

To do this, you will need to submit documents that would confirm your relationship to one of the specified categories of persons.

Procedure for revocation of a driver's license

To prevent violation of your rights, you need to know the procedure for revoking your driver’s license. This will help identify violations by bailiffs. Due to the relative novelty of the measure to restrict the driver’s rights, not all officials know how to correctly deprive the driver’s license of a child support debtor. Let's look at the procedure for depriving a driver's license in more detail.

Stage 1. It all starts with a court decision. In its final part, there must be a clause on the collection of alimony debt from an individual. The amount of recovery must be at least 10 thousand rubles.

Stage 2. Before presenting the writ of execution to the bailiff service, you need to obtain it from the office of the court (the one that made the decision). Next, you need to contact the enforcement authorities at the debtor’s place of residence.

As a general rule, court decisions are not executed immediately, but only after they enter into legal force. To do this, the appeal period must pass (one month). However, if the court has made a decision to collect alimony, it is executed immediately.

Accordingly, a writ of execution in such cases is issued immediately; there is no need to wait for the expiration of a month.

Stage 3. Immediately after receipt by the service, the writ of execution is transferred to the bailiff. One day is the deadline for making a decision on it, which can be one of two things: initiation of proceedings or refusal.

The bailiff formalizes it with his decree. A copy is sent to the debtor's address.

Stage 4. First, the debtor can execute the decision on his own, then the bailiffs will not resort to coercive measures. In the decision to initiate proceedings, the bailiff indicates the period during which the possibility of voluntary execution is valid. It is 5 days. After this period, a transition to compulsory measures occurs.

Stage 5. In order to resolve the issue of the advisability of using certain measures, the bailiff studies the situation and the debtor’s property status. One option is to deprive the debtor of his driver's license. The decision on such a restriction is formalized by a separate resolution.

The resolution must warn the debtor that he faces administrative liability for violating the bailiffs' ban. Driving a car without a license is prohibited!

Stage 6.

The resolution is approved by the senior bailiff. He is one step higher on the career ladder than the bailiff.

At the same time, he is the head of the service unit and organizes its work.

Stage 7. A copy of the decision on the restriction on driving a car is given to the debtor personally, and is also sent to the collector (the one to whom the driver owes) and to the traffic police. Personal delivery is required; mailing to the debtor is not required by law. All these actions are carried out the next day after the decision is made, in no case later.

How to restore rights?

The only way to regain the right to use a driver's license is to pay off all accumulated debts. Otherwise, the restriction will not be lifted, because its maximum period is not limited.

As soon as the resulting alimony debt is repaid, you need to report this to the bailiff service.

At the same time, it is necessary to provide the bailiff who is conducting proceedings against you with a receipt confirming the payment.

The bailiff will check the accuracy of the documents provided and the next day (or earlier) will issue a decision to lift the restriction. This decision is also approved by the senior bailiff.

Copies of the resolution are sent to the debtor and the collector, as well as to the traffic police. At this stage, personal delivery of the document is no longer necessary. From this moment on, the driver can drive the car again.

However, just in case, you need to take the bailiff’s order with you, since the traffic police databases are not updated so quickly.

This will help avoid disagreements with traffic police officers.

What difficulties might you encounter?

A fairly common question among motorists in such a situation is whether it is necessary to submit a license to the traffic police? No no need. The card itself is not taken from you, but you cannot use it either.

Bailiffs report to the traffic police about the presence of restrictions; this information is available in a special database. In addition, after meeting on the road with employees of the State Traffic Inspectorate, you will be brought to administrative responsibility.

And the deprivation of rights will be long-lasting; it will not be possible to get rid of it by paying off debts.

However, your demand must be justified by real circumstances, for example, a difficult life situation, a difficult property situation. These facts must be proven in court.

If the judge decides to grant a deferment or installment plan for the execution of the decision, then you will be able to use your driver’s license as before.

Conclusion

Thus, since 2016, it has become possible to deprive a driver’s license if there is a child support debt. No driver wants to say goodbye to his license because of child support debts.

Now you know in which cases deprivation of rights for non-payment of alimony will be legal, and in which it is absolutely not allowed. In practice, you will see a violation of your rights and fight it, rather than sit idly by.

  However, it is best to make all payments on time without accumulating debt.

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Deprivation of driver's license for failure to pay child support in 2023: law

• The problem of non-payment of alimony by citizens (mostly men) forces the authorities to take coercive measures against them.
• So in 2015, a new law was approved, according to which the rights to drive a car are confiscated from defaulters.
• This norm is still quite young, so in this article we will look in detail at the function of depriving a driver’s license for failure to pay child support.

About the latest changes in the law

Deprivation of rights for alimony is a long-standing topic of discussion in the State Duma . And in 2015, amendments were made to Law No. 229 “On Enforcement Proceedings”, according to which the right to drive a vehicle is taken away from debtors.

It should be immediately noted that there is no separate law on deprivation of rights, but there is Article 61.7 of the above-mentioned law, which gives bailiffs the right to temporarily restrict debtor drivers from driving vehicles.

The new rules, which came into force on January 1, 2016, are aimed not only against alimony defaulters, but also against fines who avoid paying the currency sanctions imposed on them.

It is striking that such a measure turned out to be quite effective . A little more than 1 year has passed since the newest amendments to the law came into force, and statistics already provide data on 1.5 billion rubles paid by parents who evade paying child support.

Who will be deprived of their rights for unpaid child support in 2023?

Individuals and personal entrepreneurs are subject to articles on deprivation of a debtor driver’s rights for non-payment of alimony.

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Fundamentally! In order for the bailiff to issue a resolution on temporary restriction of the driver’s rights, the alimony debt must be more than 10,000 rubles (clause 4, part 4, article 67.1 of the Federal Law - No. 229). And it doesn’t matter how many months the amount has accumulated.

Bailiffs have the right to bring not every debtor to the type of liability we are considering. Restrictions on driving vehicles can be used only in the following options:

1. 

   Alimony is collected by force only if there is a court order and a writ of execution (i.e., an enforcement agency must be opened).

2. A citizen driving a vehicle has a child support debt exceeding 10,000 rubles.
3. The debtor does not have a document confirming the decision to defer or installment payment of alimony obligations.
4. The debtor driver must be notified and informed by the bailiff with a suitable Resolution on restricting the use of the right to drive (in the law - a “special right”) and warned of administrative liability for failure to pay alimony.

Attention! If at least one of the above criteria is not met, it is impossible for such a driver to be deprived of the right to drive a vehicle under Article 67.1.

In what cases can a sanction not be used?

The law provides for the lifting of sanctions for the defendant if he has valid reasons that did not allow him to make alimony payments, but for this he must provide written confirmation.

Deprivation of rights due to non-payment of alimony in 2023 cannot be used if:

• the debtor has been granted an installment plan or deferment;
• the amount of debt is less than 10 thousand rubles;
• a ban on driving a vehicle will deprive the debtor of his main source of income;
• car is the defendant’s only means of income (provided that he lives in a remote area with poorly developed transport infrastructure);
• the alimony worker is disabled;
• The defendant is dependent on disabled people of group 1 or 2.

Pay attention! If the debtor has received a notice of restriction of the driver’s rights for non-payment of alimony, but he cannot do without transport for the above reasons, then he needs to write an application to the judicial authorities for the return of the rights on the basis of a respectful premise.

Documents proving the existence of circumstances must be attached to the application. After considering the application, checking and proving recent events, bailiffs must return the rights to the defendant.

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Procedure for restricting a driver's license

How is this procedure carried out? Let's look at it in order:

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1. The precedent for the introduction of sanctions on deprivation of rights is the court ruling on the collection of alimony in the amount of more than 10,000 rubles.
2. The plaintiff, who has received the writ of execution, provides this document to the bailiff department.
3. Within 3 days, the claimant’s application and documents related to the case are reviewed and then transferred to the bailiff.
4. Next, the bailiff issues a Resolution on the opening of enforcement proceedings (clause 8 of Article 30) and describes the time limit for the defendant to voluntarily fulfill the requirements - payment of alimony (clause 11 of Article 30). The maximum payment period is 5 days from the date of notification of the defendant about the existence of the Resolution or receipt of a copy.

The debtor should not hope that he will not be found, even if he does not receive a copy of the Resolution . Article 29 of the Federal Law - No. 229 is drafted in such a way that the defendant is recognized as notified, even if he did not receive the notification.

If the period for voluntary repayment of alimony debt has passed, then the bailiff issues a new Resolution - on the temporary restriction of the defendant’s use of a “special right”, that is, on the deprivation of rights for non-payment of alimony (Part 2 of Article 67.1).

A copy of the Resolution is given to the defendant (now in person) the next day. The second copy is sent to the traffic police (part 5 of article 67.1). From now on, the debtor driver has no right to drive a vehicle until he pays off the debt.

How to return your rights to the debtor?

The driver will be able to return the right to drive the car and get his license back only after the alimony debt has been fully repaid . There are no other ways, and all motorists who evade paying alimony should understand this.

A document confirming payment (and this could be a copy of a receipt, check, bank statement, receipt of cash) should be sent to the Bailiff Service, and most ideally to the bailiff who opened and managed this enforcement agency.

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The fact of payment of the debt is verified within 1 day after the bailiff receives a copy of the document confirming the payment from the alimony provider. After this, a resolution will be issued to lift the ban on driving the vehicle.

By the way, the debtor will also have to pay an enforcement fee amounting to 7% of the accumulated amount.

Next, the Resolution on the revocation of the enforcement case is sent to the former debtor, also to the traffic police - to enter the latest data into the database.

Attention! The driver who has returned his license is recommended to keep with him for some time the bailiff’s decision on the suspension or revocation of the enforcement case. This is explained by the fact that configurations in the traffic police database do not always arrive promptly, as a result of which claims by traffic police officers during road inspections are likely.

In conclusion, I would like to note once again that the law discussed in the article is quite new, and the practice of its implementation has not been developed.

Therefore, those who find themselves in such a situation can be advised to contact a lawyer to protect their rights. But still, the best advice is not to accumulate debts, but to pay alimony and fines on time.

Video: Deprivation of rights for alimony debts

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Revocation of driver's license for failure to pay child support

The essence of innovation

Restrictions on the ability to drive a vehicle as a result of non-fulfillment or improper fulfillment of obligations to pay alimony serve as a significant incentive for lawful behavior.

The powers of bailiffs to ensure the execution of court decisions have expanded significantly.

The corresponding article is of significant importance, given that the majority of individuals are in one way or another connected with transport management - for personal purposes or for work. Consequently, the return of driver status forces unscrupulous payers to resolve the issue of debt.

Terms and restrictions

To apply a sanction in the form of deprivation of a driver’s license, the law provides two mandatory conditions:

1. Debt on alimony obligations in the amount of 10 thousand rubles.
2. The presence of a court order or writ of execution on the obligation to make payments and collect debt amounts, as well as a statement from the plaintiff about the defendant’s failure to fulfill obligations within a certain time, specifying the amount of the debt.
3. The absence of legislative prohibitions on the use of the restrictive measure in question.

Sample statement of claim

The calculation of total debt is carried out on a cumulative basis. Even if the amount of alimony debt is less than 10 thousand rubles, after the plaintiff applies, the amounts for all unfulfilled obligations are taken into account, including fines for committed offenses and according to traffic police protocols.

Judicial practice takes into account legislative restrictions, in the presence of which it is impossible to deprive a driver’s license. Among them:

• the use of a document when carrying out professional activities, that is, the use of a driver’s license as a means of life support. However, the statement itself is not enough. The fact must be confirmed by a document on opening an individual entrepreneur, a rental agreement or a work book;
• the vehicle is the only means of transportation for the defendant or members of his family in connection with domestic or professional needs. For example, the remote location of the house from public transport routes;
• imposing a deferment on payments if there is a debt, which is confirmed by relevant documents (court decision);
• disability of the defendant of groups 1 or 2, or a similar status of one of the family members, the presence of a disabled child in the family.

These circumstances exclude the use of the security measure in question and are considered significant objective reasons. Ignoring them serves as a basis for appealing the decisions of the competent authorities.

Suspension of rights

The next step is the transfer of court documents to bailiffs and the opening of enforcement proceedings. The official takes all measures to identify property with a view to seizing it to pay off the debt and decides on the advisability of suspending the driver’s license.

The algorithm of actions consists of several stages:

1. Acceptance of the case for proceedings; notification of the defendant about his failure to fulfill his obligations. For this purpose, any available methods are used: sending a letter by email, notification by phone. The defendant is given a period to voluntarily repay obligations within five days from the moment he learned about the opening of proceedings. In this case, the payer must provide supporting documents. In parallel, the defendant is informed of the legal consequences of failure to fulfill obligations in the form of restrictions on the use of a driver’s license. The bailiff sets a time for receiving documents that prevent the application of this sanction measure.
2. Issuing a resolution to restrict the right to drive vehicles until the debt is repaid (if feedback has not been established with the debtor and he has not provided evidence excluding such a measure).
3. Familiarization of the defendant with the decision. For these purposes, the bona fide party himself comes to the bailiffs and signs. Otherwise, officials find the debtor at his place of residence or work. Traffic police officers provide assistance in the procedure. When stopping such a person, they send the subject to the place of service of the bailiffs. The resolution comes into force from the moment of signature.
4. Transferring the bailiff's decision to restrict the right to drive a vehicle to the traffic police. From this moment on, the debtor has no right to drive.
5. Application of sanctions of Article 17.17 of the Code of Administrative Offenses of the Russian Federation in case of violation of the resolution. That is, continued use of a driver's license.

Restoration of rights

After paying the debt, the alimony payer must notify the bailiff service about the closure of the obligation and present supporting documents.

The evidence is an extract with information about the transfer of funds to the recipient's account, a receipt certified by a notary, or a receipt personally drawn up by the bailiff in the presence of the plaintiff.

If compensation for alimony was made by the state, the payer must present a receipt for the transfer of money to the treasury.

Of primary importance is the correctness of filling out the receipt and indicating the recipient's details.

Along with the amount deposited, it is important to pay attention to the unique accrual identifier used to identify the violation and the payer. The reference point is the UIN, and not the last name of the party.

Filling out the document incorrectly results in the loss of the payment, and recovery will take a long time.

The next step is for the bailiff to check the documents provided and decide to lift the ban. The corresponding decision is issued to the defendant. In the future, the document will be useful on the roads during inspections, since the administrative machine is not mobile enough and the lifting of the ban is not immediately reflected in the database.

Conclusion

Alimony payments are the direct responsibility of parents or children. Failure to comply with the law serves as a direct indication of the infringement of the financial rights of a socially vulnerable category of the population.

Law enforcement practice has demonstrated the effectiveness and efficiency of such an interim measure as the suspension of driver's licenses not only in relation to non-payers of alimony, but also debtors for traffic police fines and debts for compensation for damage caused by criminal actions.

It is important to note that this measure does not apply to debtors on bank loans and utility bills. Consequently, when calculating the defendant’s total debt, these amounts are not included in the final figure.

Can a driver's license be confiscated for failure to pay child support?

Together with the entry into force of Federal Law No. 340, which occurred on January 15, 2016, parents who evade the fulfillment of child support obligations were at risk of having their driver’s license revoked for non-payment of child support.

Amendments to the already existing law “On Enforcement Proceedings” were introduced as a forced measure: about 37% of the total number of alimony evaders have driver’s licenses.

To motivate irresponsible parents to pay off child support arrears, deprivation of rights is used.

Under what circumstances is deprivation of rights carried out?

Deprivation of a driver's license for failure to pay child support is possible only if there is a court order that imposes a child support obligation on the driver. As a result of the court decision, the plaintiff is issued a writ of execution - a document confirming the right of one parent to receive funds to provide for a common child from the second parent. If the recipient did not go to court to assign alimony, the payment was made on the basis of an oral or written agreement between the parties, the payer’s driver’s license cannot be deprived.

If there is a court decision, the payer is not deprived of his driver’s license at all - its validity is only suspended until the debts are fully repaid.

Conditions under which deprivation of a driver's license is possible

The main condition for deprivation of the right to drive is the current debt of the car owner to his child, as well as unpaid fines.

1. Deprivation does not apply to all debtors, but only to those whose debt exceeds the mark of 10 thousand rubles.
2. The second condition is a valid writ of execution sent to the bailiffs. This document contains information about both amounts and repayment periods. In case of evasion of obligations under the writ of execution and cooperation with bailiffs, the driver may be caught by the traffic police and issue a decision to suspend the driver's license.
3. In some cases, it is administratively prohibited to impose a sanction in the form of deprivation of a driver’s license on a driver.
4. If the driver does not have a sufficient amount of alimony debt (10 thousand rubles), he must take into account the cumulative effect of deprivation - unpaid fines from the traffic police are added to the alimony debts.

Restrictions on deprivation of a driver's license

It was already mentioned above that in some circumstances an administrative restriction is imposed that does not allow the driver to be deprived of the right to drive a car for failure to pay child support:

• If driving is the defaulter's only means of earning money. In this case, an oral statement from the driver is not enough; the draft dodger is obliged to confirm the fact with documentation: an employment contract with a taxi service or a certificate of an individual entrepreneur.
• If both the driver and his family members are forced to use personal transport to travel for domestic and professional needs. This situation is true for residents of areas so far from public transport networks that it is not possible to reach them on foot.
• The driver himself or his family members have health limitations or disabilities.
• The driver received a deferment of alimony payments for a valid reason (health status, loss of earnings, disability, etc.).

Any administrative restriction on deprivation of a driver’s license in case of arrears of alimony requires documentary evidence. If the debtor cannot indicate one of the points listed above, there will be no obstacles to deprivation.

Procedure for deprivation of the right to drive a car

The plaintiff, who has received a writ of execution in court, waits several months for the defendant to fulfill his obligations. In the absence of any action on his part, the plaintiff sends a writ of execution to the bailiff service. At this point, a parent burdened with a child support obligation cannot be unaware of the debt. The algorithm for the work of bailiffs is a certain sequence:

1. The bailiff sends the payer a notification about the existence and amount of the debt in any available way: letter, call, text message. The notice indicates the due date for payment of the debt and potential sanctions (deprivation of a driver's license). The bailiff also indicates the specific number of application of the sanction.
2. If the debtor ignores the notice, the bailiff issues a decision to suspend the payer’s driver’s license until the alimony debt is fully repaid.
3. The resolution is issued on the day of delay in payment upon notification of the bailiffs. Along with the execution of the resolution, the bailiff leading the case will contact the defendant to review the document and the driver’s signature. If the driver continues to hide, the bailiff will either visit the debtor’s place of residence/work or transmit information about the suspension of his license to the traffic police. Road service inspectors will sooner or later find the evader and oblige him to report to the bailiff service.

As soon as the debtor signs the decree, the document comes into force, and the driver’s license is transferred to the custody of the bailiff.

How to restore your driver's license

To regain access to driving a car, a citizen must:

1. Pay off all debts on alimony and traffic police fines;
2. Contact the bailiff with a receipt for the transfer of funds to the plaintiff’s card, or a receipt confirming the repayment of the debt;
3. Have your documents checked by the bailiff;
4. Obtain a decree on lifting the restriction and a driver's license.

On the same day, the bailiff will send a notification to the traffic police about the lifting of restrictions from the driver due to full repayment of the debt.

According to the bailiff service, together with the entry into force of amendments to the Federal Law, more than 1.5 billion rubles. was paid by the parents of draft dodgers who lost their driver's licenses and were unable to leave the country due to debts.

Deprivation of rights for non-payment of alimony in 2023

Updated: September 12, 2023, at 9:51 pm

In 2015, the President of the Russian Federation signed the Federal Law, which introduced further amendments to the current legal norms on enforcement proceedings. The regulatory document provides for the deprivation of the driver's license of parents who avoid fulfilling their child support obligations, which has resulted in debt.

The articles of the Code of Administrative Offenses provide for several types of sanctions for violation of monetary obligations. But despite this, the number of proceedings for forced withholding of alimony continues to grow in the FSSP.

In order to improve statistics on the withholding of cash payments in favor of children, as well as to protect the rights of the child, a new measure was added - deprivation of a driver's license.

The relevance of the sanction is due to the fact that every third child support worker owns personal transport and regularly uses it.

The main thing for applying a penalty is to confirm the continuous nature of the violation, as well as the sufficient amount of the debt.

Legal regulation of the issue

Art. 80 of the Family Code of the Russian Federation establishes that the mother and father of the child (biological or adoptive parents) must equally take part in the upbringing of their children. Clause 1 of the norm sets out a list of obligations, including full participation in upbringing, financial support, and guaranteeing the basic needs of children.

A big step forward in regulating this area of ​​legal relations was Bill No. 661379-6, which entered into legal force on November 17, 2015. After signing by the President, the bill received the status of Federal Law with the assigned number 340.

• One of the new penalties is a ban on driving vehicles, which includes the following types of transport.
• Confiscation of the certificate is allowed if a debt exceeds 10,000 rubles.
• The articles of Federal Law No. 340 indicate that the restriction is aimed at prohibiting driving the following types of transport:
• • cars;
• • ATVs, mopeds regardless of engine size, motorcycles;
• • self-propelled transport;
• • air assets;
• • devices for moving on water.

The practical implementation of the amendments began in early 2016. The widespread deprivation of driver's licenses (for alimony and other debts) increases the percentage of compensation for accumulated debt.

There is also such a thing as a temporary restriction of a driver’s license; it is broader , since it applies not only to alimony workers - more details in a separate post.

In 2/3 of cases, drivers who were left without the right to drive a car covered the debt.

The formation of alimony debt is not the only condition for applying a sanction. A competent bailiff must confirm the legality of the decision made, and is also obliged to warn the offender about the possibility of applying a specific penalty.

Grounds for imposing penalties

Considering that such a sanction provides for the restriction of the Constitutional rights of citizens, the legislator has established a list of conditions, the observance of which is mandatory for the application of a sanction:

1. Drawing up writs of execution on the legality of claims for alimony maintenance. The joint venture service draws up paperwork for the forced collection of debts.

2. The alimony provider has accumulated a debt exceeding 10,000 rubles . The file should not contain the citizen’s applications for deferment or suspension of payments.

It is impossible to deprive the rights of a child support worker without complying with a set of these conditions.

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To which persons the measure of influence is not applied?

1. Deprivation of a driver's license for alimony debt cannot be carried out in the following circumstances:
2. • the amount of debt does not reach the established minimum – 10,000;
3. • the proceedings contain confirmation of the legal right to suspend or defer payments;
4. • driving a vehicle is a source of permanent income;
5. • the machine is necessary for life;
6. • the debtor is disabled;
7. • a parent who shirks his responsibilities additionally cares for a disabled person of groups 1 and 2 (dependency is documented) ;
8. • alimony obligations are assigned by signing a settlement agreement between the parents and the text of the document does not contain such a sanction as confiscation of rights (you will have to first go to court);
9. • the alimony holder has been put on the wanted list (punishment can be applied only after the citizen’s address has been established and he has been notified of possible sanctions).

By warning the alimony provider about possible deprivation of rights, the bailiff gives the right to submit a package of documents canceling the punishment. Such papers are medical documents, writs of execution, certificates.

When filing an appeal to the bailiff service, you can use a sample application for the removal (cancellation) of restrictions on driving a car.

Algorithm for depriving a debtor’s driver’s license

The rules for applying legal sanctions to debtors are outlined in the provisions of Federal Law No. 229. You can familiarize yourself with the restrictions in paragraph 4 of Art. 67.1. If there are no contraindications to the use of punishment, and the formation of a debt of 10 thousand rubles is recorded, then authorized persons can initiate deprivation of the certificate.

• These include:
• • a competent FSSP employee who is involved in the case;
• • potential recipient of money by submitting a written application to the bailiff.

The bailiff is empowered by law to independently determine what types of punishment and measures of forced collection of money are applied to a particular debtor. They record their initiative in the form of a resolution.

If we are talking about initiating the procedure by the recipient of alimony, then he will have to perform the following algorithm of actions:

1. Contact the FSSP.

Submitting an application is possible only to the department in which the paperwork for the compulsory claim of regular financial support for the child is located. Bailiffs receive citizens only during working hours at strictly specified hours. You must have a personal passport or other identification document with you.

2. First, the problem is described orally, and then a written statement is drawn up in accordance with the requirements of Federal Law No. 229. The petition states that the debtor has repeatedly evaded payments, which resulted in the formation of a debt exceeding 10 thousand rubles.

3. The bailiff has a 10-day period to consider the application and make a decision on the possibility of its implementation in practice (Article 64.1 of Federal Law No. 229).

Deprivation of rights for debts occurs in the following stages:

1. The application has been received and the bailiff begins preparatory work before applying the sanction. To do this, within a 5-day period , the official prepares an official letter to the alimony provider, which states the amount of the debt, the timing of its formation, the legal basis for the use of compulsory measures to claim money, as well as the upcoming deprivation of the driver’s license.

2. The lack of reaction on the part of the debtor guarantees the possibility of the bailiff issuing a decision to revoke the right to drive a vehicle.

When filing claims for debt retention, you must take into account the statute of limitations, which is 3 years. This means that money cannot be claimed for all previous months.

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1. Statistics show that more than half of the parents whose right to drive a car were limited tried to pay off their debts as quickly as possible.

2. If there is no reaction from the alimony provider, then it makes sense to pay attention to:
3. • the bailiff (responsible official of the FSSP) does not work to apply the sanction and the application remains unattended;
4. • the parent's residential address is unknown;
5. • the debtor evades alimony for other reasons.

Almost all of these circumstances can be eliminated by filing a written complaint against the bailiff. If the official is inactive, then the immediate supervisor or a higher authority can activate the work of the bailiff. If the current address of residence of the alimony recipient is unknown, then additional measures of the FSSP will help to establish it. As a last resort, search measures are used.

Recipient's application

The presence of a writ of execution for the payment of alimony (settlement agreement, court decision) does not guarantee that the alimony provider will make payments in a coordinated manner, therefore the recipient of the funds has the right to contact the bailiff service to compulsorily claim maintenance. The application is submitted in person to the local branch.

The petition of the injured party must contain a request to deprive the debtor of the right to drive a vehicle, as well as confirmation of the legal grounds for such a measure of influence.

In particular, it is necessary to attach a certificate stating that the amount of debt at the time of filing the application exceeds 10,000 rubles.

The law allows for the emergence of an obligation to pay alimony when the participants (parents of the child) sign a voluntary alimony agreement with subsequent certification by a notary.

According to paragraph 3 of Art. 67 Federal Law No. 229, such a document has legal force and is a sufficient basis for requesting alimony. But it will not be possible to restrict the right to drive a vehicle based on such a writ of execution.

• Additionally, you will have to go to court:
• • bailiff with a resolution;
• • potential recipient of money with a statement of claim.

Rules for drawing up a decision on deprivation of rights

The legal basis for applying a sanction is a resolution that must contain:

1. Number, series, date and place of issue of the driver’s license.

2. A demand to repay the debt sent to the alimony provider.

3. Official notification that the sanction will take effect after 5 days if the debt is not covered.

The resolution is approved by the head of the FSSP and transmitted

• 1. To the applicant.
• 2. To the debtor.
• 3. Automotive inspection for implementation.

Procedure for submitting documents

In the absence of such steps on the part of the parent, the sanction comes into legal force. The child support worker must independently arrive at the FSSP and hand over his driver’s license to the bailiff in charge of the case. A corresponding Act on the transfer is drawn up, and the parent receives a receipt for the temporary seizure of the document.

Punishment for violating the restriction

According to Art. 17.14. Code of Administrative Offenses, evasion of surrendering rights to the bailiff entails the application of penalties in the following amount:

1. • individuals must pay 1 – 2.5 thousand rubles;
2. • Individual entrepreneurs are compensated 10 – 20 thousand.
3. Continuing to drive a vehicle, as well as refusal to transfer your rights after paying a fine, entails the following types of penalties:

• 1. Fine up to 30 thousand.
• 2. Arrest for 15 days.
• 3. Up to 200 hours of corrective labor.

If these measures do not bring results, then the document is forcibly confiscated and subsequently transferred to the FSSP.

Procedure and grounds for restoration

The duration of the sanction is unlimited. The basis for returning the right to drive vehicles is full payment of the child support debt and penalties calculated for each day of absence of assistance to the child. Additionally, the costs of the bailiff service for holding events are compensated.

You can confirm the payment of money with the following documents:

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1. Certificate from a financial institution regarding the targeted transfer of money.

2. A written receipt, certified by a notary, on behalf of the recipient of funds, which confirms full repayment of the debt.

3. A check for the transfer of money in favor of the state, if alimony was provided from the budget.

The cost of bailiff services is 7% of the amount of debt. Costs are compensated only if the bailiff initiated the application of the sanction.

A copy of the decision is sent to the traffic police to cancel the entry in the database, but it is better for the driver to have the bailiff’s decision with him, since the period for entering information into the general database is unlimited . At the moment the car is stopped, the driver will be able to prove the legality of driving it.

For any controversial issues, please contact a lawyer.

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