Can alimony be seized for debts?

Given the complexity of the economic situation, in 2023 situations began to arise frequently when mothers receiving alimony for the maintenance of their minor children become debtors for various civil obligations: loans and credits.

How alimony money is transferred to an account opened in a specific bank. When collecting on civil obligations, the bailiff often seizes all the debtor’s funds: including children’s collections.

In this regard, many citizens are interested in the question: can bailiffs seize child support, and what should be done in this case?

Can a bailiff seize alimony payments?

Do bailiffs have the right to withdraw money from alimony? To answer this question in detail, let’s look at the powers of the bailiff. First of all, he is obliged to collect information about the debtor’s funds. The FSSP employee must identify sources of regular income, such as:

• salary;
• scholarship;
• pension;
• bank accounts (debit and savings);
• savings books;
• payment cards.

If it is not possible to find another way to pay the debt, then the law allows the funds to be seized. But often by mistake, FSSP employees seize even the account in which alimony payments are stored.

Important information! According to Art. No. 102 Federal Law 299 “On Enforcement Proceedings”, alimony funds intended for the maintenance of a minor cannot be seized to pay debts on: loans, housing and communal services receipts, civil agreements, court decisions and writs of execution ( IL ). The seizure of alimony money, as well as its write-off, are absolutely illegal.

The bailiff arrested alimony: what to do?

As we have already found out, the legislation answers the question: “Can alimony be seized for parental debts?” answers sharply in the negative.

But, if it so happens that the child benefit is still seized, the illegal decree of the bailiff must be immediately cancelled. It is the owner of the bank account to which the child benefit is accrued who must initiate the cancellation of this arrest. Here is an algorithm of actions that should be taken for this:

1. First, you need to obtain a copy of the seizure order by contacting the SSP or the bank.
2. Then draw up and submit a complaint to a higher-ranking person at the SPP, reporting the illegality of the bailiff’s actions, demanding that justice be restored.

The following must be attached to the text of the complaint:

• identification;
• birth certificate of the baby;
• court verdict, or alimony agreement - documents establishing the procedure for alimony payments;
• a certificate taken from the bank indicating the following information: the intended purpose of the payments, the period and dates of payments, the name of the alimony payer and the amount of payments.

Note! Having received a complaint, the management person at the SSP is obliged to immediately take action and remove the illegal seizure of children’s money. If this does not happen, then the injured person should boldly go to court with a claim to cancel the arrest and bring the guilty officials to justice.

Procedure and terms of money return

We have already found out whether bailiffs can seize alimony intended for a child - they cannot. But the harsh realities of our reality are such that such lawlessness still happens from time to time. So, what to do if the money is seized?

You should know! Most debtors learn about the fact of arrest only at the moment when they cannot receive the children's money in due time. They, not understanding the situation, ask the bank to provide clarification on the fact that has arisen and only then learn about the arrest.

After receiving this information, the defaulter has only 10 days to appeal the lawlessness of the bailiffs. You can stop blocking your alimony account by writing a statement.

In order to return previously withheld money, it is necessary to add an additional clause to the text of this application.

If the person receiving alimony writes an application for the return of the amount withdrawn by the bailiffs, then, according to the bank’s calculations, the money will be returned within a month ( 30 days ) from the moment the request is submitted.

What cannot be arrested?

The legislation establishes the types of accounts that cannot be seized. Following the text of Art. No. 101 Federal Law “On Enforcement Proceedings”, the following types of income of citizens cannot be detained or seized:

1. Money received as compensation for damage caused to the debtor's health.
2. Funds that were received from the state budget in the event of the loss of a breadwinner by the debtor's family.
3. Money assigned as compensation, which is paid to the debtor due to his receipt of work-related injuries and injuries (to disabled people).
4. Funds paid as compensation to victims of radiation and man-made disasters.
5. Money allocated by the state for a program to care for citizens who have lost their ability to work.
6. Monthly compensation payments transferred to citizens on the basis of orders of federal legislation.
7. Alimony and other payments transferred for the maintenance of a minor.
8. Monetary compensation established by labor legislation.

Art. No. 103 of the Federal Law clearly answers the question: is it possible to seize child support? Such accounts cannot be seized for debts incurred by the child’s mother/father, since this money in fact does not belong to the debtor parents, but directly to the children themselves.

Drawing up a complaint

The question: “Can bailiffs seize the account to which child support payments are received?” has a clearly negative answer. But if this happens, then the very first step that should be taken after receiving the arrest document is to write a complaint.

The complaint is made to the head of the FSSP. Most often, the document is submitted to the head of the department in which the bailiff who made the decision to seize the account is employed.

In the text of the complaint it is necessary to indicate the factual circumstances of the incident, referring to Art. No. 101 “On enforcement proceedings”. According to the requirements of this article, it is prohibited to create any obstacles to children’s money going to a special child support account. The completed complaint must be accompanied by a documentary package that includes:

• identity card of the recipient - debtor;
• a certificate proving the fact of the birth of the baby;
• a document on the basis of which child payments are made: either an agreement on alimony between parents, or a court order and court decision;
• a bank statement confirming the intended purpose of alimony payments.

If the debtor does not understand how to return alimony from a seized account, it is best to seek support from an experienced lawyer. The specialist will competently draw up a document, collect all the papers and be able to defend your infringed right.

Procedure for considering a complaint

After submitting an application and a documentary package, the seizure from the alimony account is immediately removed, in accordance with the Federal Law “On Enforcement Proceedings”. But unfortunately, the requirements of this law are not always fulfilled properly.

It often happens that bailiffs may initiate delays in lifting the seizure from the alimony account. Such delay always has an extremely negative impact on the child. For example, if alimony is the only source of income for the baby and his mother.

Drawing up a statement to the bailiff

When drawing up an application addressed to the bailiff or higher management, the following information is required:

• FSSP address where the application is sent;
• passport details of the applicant;
• a request that includes a brief description of the situation;
• indication of exact information about when and by whom the arrest was made;
• description of existing debt obligations, indicating the amount of debt;
• designation of the writ of execution confirming the fact that the seized money was intended for the child in the form of alimony benefits;
• statement of a request to cancel the arrest, by reference to the relevant law;
• a list of documents that are attached to the application.

The application can be submitted in two ways: in person or by mail.

Going to court

Statistics show that the largest number of complaints against bailiffs is related to their indifference and inaction. And when child support money is the only source of living, then there is no time for lengthy negotiations with FSSP employees.

A painful situation needs to be resolved extremely quickly. And, citizens’ complaints are considered by employees of the very institution where the guilty bailiff himself works. Therefore, it makes sense to start defending your rights in court. The algorithm of actions when going to court is as follows:

1. Collect documents that were necessary for an administrative appeal, and supplement them with correspondence with FSSP employees (complaint and response to it).
2. File a claim.
3. Pay the state fee.

In a statement of claim to a judicial authority, the applicant must literally demand the following:

• removing the seizure from the alimony account;
• punishment of the guilty bailiff who imposed an illegal arrest;
• oblige bailiffs to pay compensation for moral damage caused.

You should know! If a parent confidently stands up for his rights and the rights of his child in court, then he can count on receiving additional money paid in the form of compensation from the FSSP. But, for this you will have to spend a lot of time and nerves, or contact an experienced lawyer.

List of documents for filing a claim

The following documentary “arguments” must be attached to the complaint (or claim):

A copy of your ID.

A copy of the child's birth certificate.

IL (court order or voluntary alimony agreement) – any of these documents that serves as the basis for imposing obligations for alimony payments.

A copy of the bailiff's decree stating that the alimony account in the bank has been seized due to the debt on the loan (the decree should be obtained by contacting either the bank or the FSSP branch).

A certificate from the bank containing the following information:

• Full name of the payer;
• details of the account that has been seized;
• duration of payment transfers and frequency of financial transfers;
• purpose of money transfers;
• dates and amounts of alimony.

State duty amount

This category of administrative claims involves payment in favor of the state treasury in the amount of 300 rubles .

Summary

After reading this article, you found out whether bailiffs have the legal right to seize child support. Let's summarize.

If you are a debtor, and money intended for the maintenance of a minor child is seized from your alimony account, you should first immediately contact the head of the FSSP, and then go to court (in the case where the leadership of the FSSP does not react in any way).

According to the law, alimony cannot be seized under any circumstances. This money, despite the fact that the debtor receives it, actually belongs to the child: ah, the child cannot be a debtor.

A comprehensive documentary package must be attached to the complaint. You must apply within 10 days from the moment the account was seized; or when the recipient of child benefits (the wife of the alimony payer) became aware of such an offense on the part of the bailiffs.

Do bailiffs have the right to seize alimony payments?

Not all debt obligations are repaid regularly. This may be due to various life situations. In most cases, people simply do not consider their long-term prospects and cannot cope with the financial burdens that they take upon themselves.

The borrower may lose his job due to circumstances or health reasons. It’s good if a loved one, for example a spouse, supports him in this situation.

But it happens that everything collapses at once, and there is no one close to you, and you have to deal with the problems yourself.

If there are financial problems with repaying loan funds, it may happen that the bank accounts into which salaries and other regular payments are received will be seized. And debtors often wonder whether bailiffs have the right to seize child support? And how to behave if such a measure was applied?

Is it possible to seize alimony payments?

FSSP employees have special rights. They can apply a number of measures in relation to those debtors against whom enforcement proceedings have been opened. To open such a production, you will need justification, which is:

1. Judgment.
2. Performance list.

After the debt collection work has begun, the bailiff has the right to alternately apply the following measures in relation to the defaulter:

1. Notify him of the obligation to repay the accumulated debt within the prescribed period.
2. Apply penalties.
3. Seizure of accounts, including bank cards and deposits.
4. Banning travel outside the Russian Federation.
5. Blocking a driver's license.
6. Seizure of property.
7. Sale of property assets at auction to pay off debt obligations.

Since child support payments most often go to a bank account, it can also be seized. But, according to the law, alimony payments have a specific purpose and are aimed at meeting the needs of the child, not the adult, and therefore cannot be arrested by the bailiffs.

Child support has been seized, what should I do?

Can bailiffs seize child support? Yes, they can, but not because they have the right, but because they don’t know. When they find out whether the debtor has income, they are not interested in how it is generated, they simply identify accounts and block them. Meanwhile, the law clearly stipulates that alimony cannot be deducted to pay off debts for:

• loan agreements;
• utility bills;
• agreements and civil contracts;
• court decisions;
• writs of execution.

Therefore, if the bailiffs seized the alimony allowance, then this fact is easy to challenge. Moreover, this can be done both by the recipients of payments themselves and by alimony providers.

To cancel the arrest you must:

1. Receive a document stating that the seized funds have a designated purpose.
2. Write an application to withdraw these measures from the specified account.
3. Return the money that has already been withheld to pay off the debt.

If the bailiffs have seized alimony, then this situation is not hopeless and reversible.

Obtaining a certificate of the intended purpose of the money

Is it possible to cancel sanctions imposed by bailiffs if they are illegal?

Such a turn is possible, but this will require proof that the funds were actually intended for minors.

You can prove that the funds received on the card are alimony if you have the following documents:

1. A writ of execution, which indicates not only the amount of deductions, but also, as a rule, the details of the account to which they are transferred.
2. A settlement agreement between the former spouses, which also stipulates the nuances of alimony payments.

If transfers are made in a voluntary, but not legally established manner, then it will be very difficult to prove the intended purpose of these amounts and you will have to first go to court to solve this problem.

Drawing up a statement to the bailiff

The question of whether bailiffs can seize alimony gives a clear negative answer. But the following immediately follows from it: how to cancel an already introduced measure?

Of course, the easiest way is to directly contact the bailiff who actually seized the alimony allowance. To do this, you don’t even need to get a certificate from the bank stating that all the debtor’s funds are blocked. But there is no way to do without a statement. Therefore, first of all, you will have to worry about drawing up such a statement.

In the application addressed to the bailiff or higher management, you must indicate the following information:

1. Address of the FSSP where the application is sent.
2. Personal details of the applicant.
3. The request should begin with a brief description of the situation that contributed to the writing of this paper. It is advisable to provide accurate information about when the arrest was made and by whom.
4. Describe your debt obligations and the amount of debt.
5. Indicate an executive document confirming that the funds that were seized were intended for children as alimony benefits.
6. Express a request to cancel this measure regarding the specified funds.
7. Refer to the law.
8. List the documents attached to the paper.

The application must be submitted in person or sent by mail.

Contacting the bailiff service

Both the debtor and the one who transfers alimony to his children and is interested in their full provision can apply to the bailiffs.

Here it is only important to find out who exactly is conducting legal proceedings to collect the debt, and accordingly has the authority to cancel it. As mentioned above, the application can be sent by mail, but for this you will have to certify not only the application document itself, but also notarize copies of the attached papers.

You can also, bypassing the bailiff himself, contact his superiors directly, for example, the head of a department or the head of an entire service. This measure is advisable only in case of misunderstanding between the applicant and the bailiff, or if he deliberately went for arrest, knowing that the money was targeted.

Procedure and terms of money return

So, we found out whether bailiffs can impose an arrest. They have no right to do this. But what if the money was withheld?

Many debtors find out about the arrest only when they do not receive alimony payments on time. Then they contact the bank for clarification of the issue, and receive a response about the arrest.

From this moment on, the defaulter has 10 days to appeal the actions. You can stop blocking funds upon application, but in order to return previously withheld funds you will need to add an additional clause to the application. Because this service will not be implemented automatically.

If the recipient writes a request for a refund of the withheld amount, then, according to bank calculations, it will be returned within 30 days from the date of the request.

Can bailiffs seize alimony and seize it in court?

After the parents divorce, the child is obliged to receive benefits that will satisfy all his material needs. Often, for convenience, funds are transferred to a specially created social account.

Sometimes such a problem arises - the recipient has a debt on the loan and the bailiffs write off the funds from all available accounts.

In this article we will look into whether bailiffs can seize child support and how to appeal such a decision.

Is it possible to seize a child support bank account?

According to current legislation, if bailiffs seized alimony to repay a loan, this is regarded as illegal actions. This is stated in Article 101, paragraph 7 of the Federal Law No. 229 of the Federal Law of October 2, 2007 - the bailiff does not have the right to collect alimony transferred for the maintenance of the child to pay off the debts of his parents.

Even if there is a court decision to collect the debt, the FSS cannot take away the funds received to meet the needs of the minor.

In such a situation, there are no exceptions at all - it is prohibited to seize an account for transferring child benefits. In this case, it does not matter which document confirms the debt obligations of the alimony recipient:

• loan agreement;
• debt on utility bills;
• financial liability under a civil agreement;
• due to harm to the health or life of other citizens.

Is it possible to seize alimony if the bailiffs have received a writ of execution? Such actions are illegal; in fact, these funds belong not to the parents, but to the child.

Powers of bailiffs

When funds are debited from the alimony recipient's account, there is a desire to go to the bank and demand the money back. Such an action will not lead to the desired result, since this financial institution is not to blame for anything. The bank fulfilled its obligations - the requirements of the instructions of the federal authority.

Bailiffs have the right to obtain information from the bank about all open accounts of the debtor where funds are transferred. To repay, money is withheld from salaries, scholarships and pensions. When the amount received is not enough, FSSI employees begin to collect funds from other open accounts, for example, from a savings book.

Do bailiffs have the right to seize child support? Alimony is transferred to meet the needs of a minor child.

Since the child cannot independently receive and manage funds, one of the parents is responsible for this. Most often, an alimony account is opened for this purpose, to which the necessary funds are transferred.

Less commonly, the benefit is sent by postal order or given in person against a signature.

It seems that all funds that the debtor receives are subject to seizure. But in reality, everything is not so simple. The fact is that the benefit transferred to the child has a specific purpose.

If they were used to buy cosmetics, clothes for a caregiver, or a personal trip, such an expense may be considered illegal.

Bailiffs do not have the authority to seize the alimony account and transfer them to pay off the debt.

The procedure for appealing the actions of a bailiff

Can bailiffs seize alimony payments in practice? Despite the illegality of such actions, a similar problem arises from time to time. If you are faced with an illegal arrest, you need to appeal the arrest for alimony rights. To do this, you can go one of two ways:

• administrative;
• judicial

But before you begin to act, you must obtain a copy of the documents on the basis of which the arrest was imposed. To do this, you need to contact the following organizations:

• the branch of the bailiff service that carried out this operation;
• the bank where the savings account was blocked.

If, after receiving the necessary paper, you decide to demand justice administratively, write a complaint. It is submitted to the leadership of the FSSP branch. In the form, it is important to refer to the law, which states whether bailiffs can seize alimony. In addition to the complaint itself, you will need to provide the following documents:

• passport of the parent who receives funds on behalf of the child;
• baby's birth certificate;
• a copy of the document on the basis of which alimony is transferred;
• a certificate from the bank confirming the intended purpose of the account that was seized.

Most often, after filing a complaint, the seizure of the account is immediately removed. FSSP employees are required by state law to do this.

Can bailiffs seize alimony if a complaint has been received? Unfortunately, this happens sometimes. The reasons may be different, for example, due to a heavy workload, the paper will not immediately reach the people making such a decision. Due to the fact that the appeal takes place in the same institution that imposed the arrest, managers themselves can slow down the lifting of restrictions.

How to return alimony from a seized account in this case? In such a situation, you should immediately go to court. In this case, you can demand not only the return of funds to the alimony account, but also bring the perpetrators to justice.

You can prove your case by providing the following documents:

• prepare previously collected documents;
• draw up a statement of claim and submit it to the court;
• pay the state fee and attach the receipt to the required package of papers.

The fact that you have to spend money on a trial is not so scary. The fact is that if you win, all costs will be recovered from the defendant.

The judge will help you figure out whether bailiffs have the right to seize child support. If it seems to you that you cannot collect all the necessary documents on your own or competently draw up a complaint or statement of claim, seek help from a specialist. A professional lawyer will be able to competently present your position during the proceedings, which will significantly increase the chances of success.

Can bailiffs seize child support payments?

Unfortunately, a person does not always have the opportunity to repay all his debts, including credit obligations. In this case, the case is transferred to the bailiffs, who can seize the property and accounts of the debtor. Sometimes people who receive alimony for the maintenance of their minor child find themselves in this situation.

As a rule, such payments are made to an account specially opened for these purposes. Quite often, imposing restrictions on all the debtor’s funds, bailiffs quite often seize this type of cash receipts.

It is for this reason that many parents have a question about whether bailiffs can seize child support. Indeed, in this case, the funds are intended to support the minor, and not to satisfy the needs of the debtor.

What cannot be arrested

In fact, the list of property that cannot be seized is quite extensive. In particular, in accordance with the requirements of the law, the bailiff cannot seize the following types of property:

1. The debtor's home (provided that it is the only one).
2. The plot of land on which the house stands.
3. The debtor's gas stove and refrigerator.
4. Personal items.
5. All items that are intended for the debtor to carry out work activities.
6. Property and animals that make up the defaulter’s subsidiary farm (livestock and feed for it, specialized buildings).
7. Land that is used for grazing livestock.
8. Seed stock.
9. Food and cash (within the subsistence level, based on one person in the family).
10. Property needed for cooking and heating (fuel).
11. Things necessary for a disabled person (special transport, other devices intended for this purpose).

In addition, bailiffs cannot arrest:

1. Conferred state awards.
2. Various prizes.

This restriction applies only to insignia that specifically belong to the debtor.

What cannot be arrested

It is worth remembering that the owner of the seized property has the right to point out to the bailiff the property that, if inventoried, will cause him less inconvenience. Accordingly, if, for example, a citizen needs to use a computer for work, then he has the right to provide another item of equivalent value that he has instead.

In addition to the above property, the bailiff cannot seize the following types of payments:

1. For loss of health.
2. For the death of the owner.
3. For injuries or injuries that were received by the debtor during the performance of his official duty.
4. Chernobyl payments (provided that these funds are transferred from the state or local budget).
5. Funds transferred to care for a disabled person.
6. Funds for the maintenance of a child who has not reached the age of majority (alimony).
7. Compensations assigned in accordance with labor legislation.
8. Lifting means.
9. Money for the birth of a child.
10. Funds from the Pension Fund or Social Insurance Fund.
11. Any state benefits assigned to children (including maternity capital).
12. One-time compensation paid in the event of an emergency (natural disaster or terrorist attack).

Bailiffs' rights

In accordance with the norms of law, bailiffs of the Russian Federation are allowed to take into account and seize the debtor’s funds and income to the extent necessary to pay off all his obligations.

If a person does not have an official and permanent source of income, then the bailiff must send relevant requests to financial institutions. Sending such a request is necessary in order to identify all accounts of various types registered to the debtor. If such accounts are identified, the bailiff may decide to block the card and write off the debt from it.

In order to eliminate potential disputes, legislative changes have come into effect that oblige the child’s guardian to issue a separate card where the child’s allowance will be received. Such cards provide for the registration of a separate account. The bank card number is not transmitted to the FSSP and cannot be used to withhold money to pay off other types of debt.

In accordance with the requirements of the regulations, seizure of bank accounts is possible only in relation to debit cards. But, unfortunately, due to workload, bailiffs sometimes make mistakes. Therefore, in practice, situations where alimony was seized by bailiffs happen quite often.

According to the requirements of Article 101 of Federal Law No. 229, alimony cannot be included in the category of funds at the expense of which the following types of debts cannot be repaid:

1. Obligations of the debtor for previously taken loans.
2. Payments for utilities.
3. Debts under agreements on the maintenance of citizens (dependents).

Can bailiffs seize alimony in a bank account?

The prohibition on seizure of alimony and child benefits is expressly established in Article 101 of the Federal Law “On Enforcement Proceedings”. In accordance with the law, withdrawing funds from such accounts on the basis of an act issued by a bailiff is also not allowed.

There can be no exceptions to this rule established by law. In this case, it does not matter what the essence of the obligations not fulfilled by the debtor is:

1. Loan debt.
2. Failure to pay utility bills.
3. Violation of the terms of a civil contract, for which the law may provide for financial liability.
4. Liability for causing harm to the health of a third party.

Even if the collector or bailiff has a document in hand that provides grounds for collecting the debt, this does not give the right to seize alimony intended for the maintenance of a minor child. This income is an exception that cannot be touched under any circumstances.

In accordance with the norms of family law, alimony is those payments in which the child cannot personally receive and manage funds. According to the law, the transfer of money is made by transferring funds to the account of the second parent by the payer. If convenient, alimony can be transferred by postal order, transferring the funds personally into the hands of the recipient.

Despite the fact that the money is transferred to the account of the parent of a minor child, it has a specific purpose. In fact, this alimony is intended for the child, and, accordingly, can be spent on the maintenance of a minor. Therefore, the alimony payer can check for what needs these funds are spent.

However, despite the prohibition that alimony funds cannot be seized to pay off a parent’s debts, quite often bailiffs accidentally block this money.

What to do if the bailiffs have seized alimony

If the bailiffs have seized the child support account, the parent must immediately appeal such actions. According to the law, such an appeal can be carried out in several ways:

1. Administratively.
2. Through various legal procedures.

The first thing you need to do in order to unfreeze the seized account to which alimony is transferred is to obtain a copy of the paper indicating the basis for which the account in the banking organization was seized. To obtain this document, you can contact several authorized persons:

1. The bailiff who prepared this document.
2. Specialist of the banking organization in which the account was opened for the transfer of alimony funds.

Drawing up a complaint

The next step that needs to be taken after receiving a document on the seizure of a bank account is preparing a complaint.

This document must be submitted to a senior official in the structure of the Federal Bailiff Service.

As a rule, the applicant draws up complaints addressed to the head of the department in which the bailiff works, who made the decision to freeze the account.

The following package of documents must be attached to the complaint:

1. Applicant's passport.
2. Birth certificate of a minor child for whose maintenance alimony is intended.
3. The document on the basis of which such payments are made: alimony agreement between parents, court order, court decision.
4. An extract from a banking organization confirming that payments received to a specific account have their intended purpose.

If the debtor does not understand how to correctly draw up a complaint against the actions of employees of the bailiff service and how to correctly submit it to the bailiff service, then it is necessary to seek help from a lawyer. A specialist will help not only draw up a document, but also collect all the papers. Confirming the fact of violation of the requirements of the law on alimony.

Procedure for considering a complaint

As a rule, after submitting an application and all accompanying documents, the arrest on the account where alimony is transferred for a minor child is lifted immediately. In accordance with the requirements of the federal law “On Enforcement Proceedings,” the seizure from such an account must be lifted immediately. But this requirement is not always fulfilled correctly.

Often, bailiffs may initiate delays in removing the seizure from the bank account where alimony is transferred.

This delay, unfortunately, quite often has a negative impact on the minor child. For example, if alimony is the only source of income for the child and his mother.

In this case, a delay in lifting the seizure from a bank account may have a negative impact on people, since they will have nothing to live on.

Going to court

It is often very difficult to resolve this issue without going to court, because the person to whom the complaint is addressed. Works in the same government agency as the person who incorrectly seized the account.

To appeal this matter in court, the applicant must do the following:

1. Prepare a statement of claim in which it is necessary to reflect all the circumstances of the violation committed by the bailiff.
2. Attach to it all the necessary documents (the same list as when filing a complaint with the bailiff), in copies.
3. Pay a state fee of 300 rubles.

Of course, in order to achieve justice in court, the applicant will have to spend a little money, in particular, pay a state fee and make copies of all documents. In addition, in most cases, in order to resolve the issue in their favor, the parent has to involve a lawyer in this process.

If the bailiffs were wrong in making their decision, then all of the above expenses will be compensated from the state treasury.

In addition to the requirement to remove the seizure from the bank account to which alimony is transferred, the applicant has the right to demand from the court:

1. Bring the perpetrators working in the Federal Bailiff Service to account for violating the law (Article 101 of the Federal Law “On Enforcement Proceedings”, in particular).
2. Oblige bailiffs to compensate for moral damage caused as a result of the arrest.

Accordingly, if a parent defends his rights and the rights of his child in court, he can count on receiving additional money. However, it should be understood that in this case the applicant will have to spend a lot of his time.

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.

Can a bailiff seize alimony for debts?

Not everyone has heard of such a phenomenon as arresting the amount of paid child support, and in general in practice it is quite rare. Alimony is financial assistance that is paid to cover the needs of a child by the second parent who does not live with him until he reaches adulthood.

Most often, money is paid to a bank card to the recipient, namely the mother who is raising the child. This card status is not always designated as social, and the purpose of the payment may not indicate that it is alimony.

If legal proceedings are opened against the recipient of alimony, and she or he is obliged to compensate a third party for damages, other material amounts or debts, then the court may seize her accounts that have a positive balance or constantly receive a certain amount of income.

A bailiff can do this without even understanding what kind of money it is and under what conditions it is paid. We will help you in solving such an unusual situation as the return of seized alimony.

Is it possible to seize alimony payments?

According to the legislative framework on the provisions of enforcement proceedings, seizure cannot be imposed on certain types of income. And alimony is no exception (Federal Law 229, Article 101, 103, paragraph 7).

Accordingly, the bailiff who made a decision to seize the debtor’s property does not have the right to write off the money that comes to the child as alimony from his personal card.

A more complete list of all income that can be withheld forcibly can also be found in this law.

But since this question has been raised, it means that a similar situation occurs in practice.

But how can this be if the court itself agrees on the procedure for collecting alimony and in every possible way protects it from encroachment by other persons? In rare cases, a write-off based on a bailiff's order occurs by mistake, without understanding the purpose of the income portion on the card. That is, in fact, the arrest is imposed illegally.

He writes off not the debtor’s personal property, but money intended for the maintenance of a minor child. Therefore, the parent who receives child support should know that he has every right to appeal such a judicial action and demand a refund.

Funds received as alimony on a bank card cannot be written off, regardless of the nature of the debtor’s failure to fulfill obligations.

Obtaining a certificate of assignment of money

You can appeal a court order to arrest alimony payments only if you have the appropriate evidence. This is quite simple to do, take or provide an existing certificate indicating that child support has been credited to this account for a minor.

• Extract of a court decision on the collection of alimony. It must indicate the amount of alimony, method of payment, account details, and the name of the recipient.
• A notarial agreement between spouses, if alimony is paid on a voluntary basis. Usually, the concluded agreement also specifies the details, payment procedure, and method.

If the voluntary agreement does not contain details, then you can make a bank account statement indicating the purpose of payment. Typically, the payer always indicates that this is alimony for a certain period.

This extract must be attached to the notarial agreement. In most cases this is enough.

If it is not possible to prove the targeted receipt of funds based on the voluntary payment of alimony by the second parent, then you will have to go to court to conduct a trial.

Procedure and terms of money return

We have clearly established that the seizure of alimony payments is an illegal action. But what to do if the funds were nevertheless written off, regardless of whether by mistake or intentionally? After the arrest occurs, you have 10 days to appeal the illegality of the write-off.

To do this, you need to file a counterclaim, detail the reason for the return, and attach the necessary documents and evidence to the application. Within 5 days, the court gets acquainted with your claim and if the decision is satisfactory, the specified amount will be returned to the bank to your account no later than 30 days.

Appealing the actions of bailiffs

Now in more detail about the procedure for appealing the written off amount of alimony payments. You can do this in two ways:

• administratively;
• judicially.

Administratively

As soon as you have evidence in your hands that the amount written off is nothing more than alimony for a minor child, then you need to write complaints for a refund.

The appeal is written to the head of the bailiff service. In the application, we describe the current situation in detail, indicate that this action is contrary to Federal Law 229, Article 101, paragraph 7, and there is a supporting certificate for this.

Please attach the following documents to your application:

• copy of passport;
• a notarial agreement on the voluntary payment of alimony or a court decision on the collection of alimony;
• a certified bank statement, which will indicate the purpose of payment in addition to the amount and date;
• child's birth certificate.

After filing a complaint, you must monitor the refund process, since very often the resolution of this issue is delayed, which can affect the fulfillment of the child’s needs and violation of his rights. The seizure of a bank account is especially acute if alimony is the only money that a mother with a minor child receives.

Most often, after appealing the arrest administratively, the arrest is removed from the account and the money is returned, since the law requires the bailiff service to do this without delay.

Judicially

The issue is resolved through the court if there is no response by writing the complaint described above.

In the statement of claim, it is not only necessary to demand the return of the written-off amount of alimony, but also to hold accountable the bailiff, who did not understand the profitability of the account and seized it, as a result of which the interests of the child suffered.

The statement of claim is also supported by all the documents described above (as in the case of an administrative decision) and you need to pay a state fee for considering the case - 300 rubles.

After reviewing the application, the court recognizes your complaint and obliges you to remove the seizure from the account, as well as return the written-off amount. To avoid any doubts when considering the case, describe the situation correctly and in detail, as well as the reason for the appeal. This will help avoid a protracted process of making a positive decision.