Statement of claim for collection of alimony debt (sample) 2023

The occurrence of alimony arrears is unpleasant for both the recipient and the payer. The recipient does not have the funds he expected, and the payer’s debt grows not only due to monthly payments, but also due to fines. In a situation where the defendant deliberately evades paying alimony, this may end disastrously for him.

DOWNLOAD a sample statement of claim for collection of arrears of alimony.

Conditions for collecting alimony debt

If the payer refuses to pay alimony or does not pay enough, the recipient has the right to go to court to collect the debt. There are several options here:

If there was no previous court decision or agreement and the payer did not pay voluntarily, then the debt can be collected from him only for the last 3 years. For example, four years have passed since the divorce, and only after this time the woman applied for alimony. She has the right to receive alimony only for the 3 years preceding the filing of the claim.
If there was no previous court decision or agreement, and the payer paid alimony on a voluntary basis, then alimony can only be recovered for the period when there was no payment. For example, over the last 2-3 months. The calculation of debt is determined either as a flat amount or as a share of income.
If there was previously a court decision or the parties entered into an agreement, but the payer never paid, or at some stage stopped making payments, then the entire debt for this period can be recovered from him. And it doesn’t matter how long it was. For example, you can collect alimony for both two months and 17 years. However, it is important that the primary executive documents are preserved and there is confirmation that the payer has read them.

Where and how to apply for debt collection

If enforcement proceedings have been initiated, you should first contact the bailiffs. They will issue the applicant with a certificate indicating from what period and in what amount alimony was paid (or not paid), and they will calculate the amount of debt.

With this paper (or without it, if there have been no such requests before), you need to go to the magistrate’s court and draw up an application to collect arrears of alimony.

Copies of all pages of the passport.
Documents for the child.
Divorce certificate (copy and original).
Certificate from bailiffs (if available).
Court decision or agreement (if any).
Certificate in form 2-NDFL or other proof of income.
A certificate from the housing office confirming that the child lives with the applicant.
Evidence that the payer is evading payment of alimony.

The claim is required to indicate, in addition to the personal data and data of the defendant:

From what period was alimony paid and whether it was paid at all.
Duration of payments and downtime.
Amount of debt.
The desired amount of alimony payments in the future.

Thus, all information regarding a specific life case must be brought to the court.

What to do after receiving a court decision

After the court decides to satisfy the plaintiff’s demands, he receives enforcement documents - a writ of execution, a copy of the court decision or an extract from the court order.

With one of these documents, you need to go back to the bailiff service at the payer’s place of residence or work, and they will begin their work.

In addition, you can send the sheet directly to the enterprise where the defendant works. Then the accounting department made deductions for it.

So, the algorithm of actions for debt formation is as follows:

Contacting the bailiff service to calculate the penalty (if there have been no previous requests for alimony, but the step is skipped).
Filing a claim in the magistrate's court.
Waiting for a court decision.
After receiving the enforcement documents, send the papers with a covering letter to the bailiffs or the payer’s employer.

Penalty for alimony and liability for evasion of alimony

The exact amount of the penalty is determined by the bailiffs. It is not recommended to independently calculate the amount of debt: it is easy to make a mistake, and on the basis of this mistake the defendant has the right to appeal the court’s decision.

In addition, bailiffs are authorized to impose administrative fines on the payer for non-payment of alimony, which are transferred to the regional budget.

A parent raising a child alone can apply for benefits for him. If he presents a certificate from the bailiffs that the second parent does not help financially, then the amount of his benefit will be increased by 1.5 times. Subsequently, this amount will be added to the total debt of the payer.

In case of prolonged evasion of payment of alimony, the bailiffs may apply the following sanctions to the defaulter:

Seizure of bank accounts, “freezing” the transfer of funds to his accounts.
Seizure and sale of movable and immovable property.
Ban on traveling abroad.
Administrative liability in the form of fines.
Criminal liability in the form of arrest, forced and compulsory labor.
Imprisonment for failure to comply with a court decision.

Exemption from payment of alimony debts

The law clearly stipulates cases when the payer is exempt from paying alimony debts and accruing penalties on them, as well as all other unpleasant consequences. Basically, these are force majeure circumstances:

The presence of one of the parties in the territory of a natural or man-made disaster.
The location of the party on the territory of hostilities.
The party is in territory controlled by militants or is being held hostage by terrorists.
Other force majeure circumstances.

All force majeure circumstances are listed in Article 401 of the Civil Code of Russia.

The following circumstances do not provide grounds for exemption from paying alimony:

Acquiring disability.
Temporary or permanent disability.
Dismissal.
Failure to pay transfer fees, resulting in insufficient alimony payments.
Retirement.
Bankruptcy.
Acquisition of other alimony obligations.
Taking out loans.
Payments under other enforcement documents, for example, compensation for moral damage to a certain person by court decision or payment of a fine for drunk driving.

In these circumstances, if the financial situation worsens or the social situation changes, it is necessary to file a lawsuit to change the amount or form of calculation of alimony, but in no case should you stop paying it.

Application for collection of arrears of alimony

Debt can arise both in the case of paying alimony by court decision, and when receiving funds on the basis of a voluntary agreement. Debt collection is, first of all, the task of bailiffs, who are endowed with fairly broad official powers in this area.

If an appeal to the bailiffs remains unsuccessful, the claimant can go to court. It is important not only to correctly draft the claim (see sample), but also to attach all the necessary documents to it.

Often, the demands of the claim indicate not only the collection of accumulated debt, but also a penalty - an amount additionally collected for late payment of alimony.

Where and how to file a claim

The first authority for collecting alimony debt is the bailiff service . But, unfortunately, there are often situations when bailiffs, due to their workload, do not take proper measures in relation to the defaulter.

If the alimony debt has been accumulating for a long time, and its size has become impressive, the most effective way to restore the violated rights of the alimony recipient will be to file a claim with the justice authorities. In court, you can demand a review of the amount of payments, their indexation, a change in the method of execution, or the collection of a penalty.

You can also go to court if the amount of alimony debt, which was established by the bailiff, violates the interests of one of the parties (see Part 4 of Article 102 of Federal Law No. 229-FZ of October 2, 2007)

Claims for collection of alimony debts are considered by a magistrate . In this case, the applicant can send an application both to the court at his place of residence and at the place of residence of the defendant (according to the rules of alternative jurisdiction, see Article 29 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation).

The claim is submitted to the court in three copies, one of which, together with the attached documents, will become the basis of the case under consideration, the second will be handed over to the defendant, and the third will be marked in court as having been received and returned to the plaintiff.

The registration number indicated on the stamp can be used to confirm the dates and times of meetings.

Based on the results of consideration of the application, the court will make a decision that will establish a specific amount of debt to be recovered from the defendant. After the bailiffs receive a writ of execution , various penalties, including criminal ones, may be applied to the debtor for failure to comply with its requirements.

Rules for filing and content of a claim

Article 131 of the Code of Civil Procedure of the Russian Federation determines that the application submitted to the court must contain the following information :

Name and address of the court.
Profile and contact details of the plaintiff, as well as his representative (if available).
The same information regarding the defendant.
A description of the events that caused the debt to arise, a description of attempts to resolve the dispute pre-trial. Indication of the exact amount of debt.
Description of the rights of the plaintiff that were violated by the actions of the defendant.
A link to evidence confirming all the facts stated in the claim.
Regulatory and legal substantiation of the claims.
The cost of the claim, its justification and calculation.
List of documents that are attached.

Package of documents required for consideration of the case

Along with the claim to the magistrate's court, you must provide copies of the following documents:

identification of the plaintiff;
children's birth certificates;
certificates of conclusion and dissolution of a family union;
a previous court decision establishing obligations to pay alimony.

The following must be submitted in originals:

a certificate about the family composition of the parties to the process;
a certificate of the defendant’s income or property belonging to him;
bailiff's orders that were not fulfilled by the debtor;
calculation of alimony debt.

Sample statement of claim

Download sample

Collection of penalties

A penalty for late payment of alimony is one of the types of penalties that can be applied to the debtor. The possibility of collecting a penalty is a kind of incentive for the full and timely execution of a court decision by the alimony-obliged person.

The procedure for calculating and collecting penalties is set out in Art. 115 of the Family Code of Russia. If alimony is collected based on a court decision. then the amount of the penalty will be 0.1% of the debt amount for each overdue day. The alimony agreement may specify a different amount.

The penalty can only be recovered in court. The penalty is collected only if the debt was caused by the fault of the payer.

The recipient of the funds must independently calculate the amount of the penalty.

Example. If the monthly amount of alimony is 6,000 rubles, then the calculation of penalties for 5 months of delay in 2023 is calculated as follows:

May: 6000 × 0.001 × 31 = 186 rub. June: (6000 + 6000) × 0.001 × 30 = 360 rub. July: (6000+6000+6000) × 0.001 × 31 = 558 rub. August: 6000 × 4 × 0.001 × 31 = 744 rub.

September: 6000 × 5 × 0.001 × 30 = 900 rub.

Sample statement of claim to court for non-payment of alimony

Statement of claim for collection of alimony debt (sample) 2023

Information about debt Indicate the dates of termination and resumption of payments and the amount of debt for alimony obligations. Amount of the penalty Give the total amount of the penalty and the periods for which it accumulated. The plaintiff has the right to independently calculate the debt using special formulas or contact a lawyer. Regulatory acts governing the case Indicate the legal norms confirming the legality of the plaintiff’s claims. Articles of the Family Code are usually prescribed,

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Content:

How to write a statement to bailiffs about alimony arrears
How to write a complaint to court for non-payment of alimony
Statement of claim for alimony collection
Statement of claim for the recovery of alimony penalties
Statement of claim for arrears of alimony
Failure to pay child support
Statement of claim for collection of arrears of alimony

How to write a statement to bailiffs about alimony arrears

For example, if in court the applicant refers to the fact that due to failure to fulfill alimony obligations and the formation of debt, the plaintiff took out a loan due to the impossibility of paying for additional classes for the child or paying for a trip, it is necessary to submit a copy of the loan agreement as an attached document to confirm his words.

Date and signature of the applicant or the plaintiff’s representative by proxy. A sample debt collection application can be viewed below or downloaded from the link.

To the Magistrate's Court of the Sovetsky District of Bryansk, Bryansk, st. Stepnaya, village Aminova Anna Yuryevna, Obezdnaya, cont. Kostycheva, , cont. Bryansk Until September of this year, the defendant conscientiously fulfilled his alimony obligations, although alimony payments were quite low - no more than 3 rubles.

This data is also unknown to me, as the collecting party. In mid-October of this year, I applied to the territorial department of the Federal Bailiff Service with an application to resume enforcement proceedings, wrote a petition to put the debtor on the wanted list, since the bailiffs informed me about his absence from his place of residence and his contact numbers had been disconnected.

I am now in my fourth month of independently and unilaterally supporting my one-year-old daughter, despite the legal obligation of both parents to equally participate in the upbringing and maintenance of the child.

In addition to her school work, Ainur is actively involved in tennis, has a sports rank, takes extra classes, goes to training camps in Moscow - the girl’s development in this direction is associated with large material costs, which I cannot refuse, since this would be contrary to the interests of the child.

In contradiction to the court decision to collect alimony, violating the legal rights of the child, Aminov B. Considering the above, in accordance with Art. Collect from gr. Aminova B. I am enclosing the following documents in two copies to the statement of claim.

A copy of the plaintiff's passport; A copy of the divorce certificate; A copy of the child's birth certificate; A copy of the resolution to initiate enforcement proceedings; A copy of the application for renewal of the application.

Barnaul about the amount of debt Copy of birth certificate of Neklyudova O. Neklyudova S.

All data will be transmitted via a secure channel Promptly Fill out the form, and within 5 minutes a lawyer will contact you. Alimony is money that one of the family members or former family members pays for the maintenance of another. The Family Code of the Russian Federation establishes the following types of alimony obligations: There are two ways to pay alimony: In this case, an appropriate agreement on the payment of alimony is concluded.

How to write a complaint to court for non-payment of alimony

The prosecutor's office is the body that was established for this purpose: However, the prosecutor will not consider all complaints on the merits. There is such a thing in legislation as jurisdiction. Each state body has its own competence and has the right to deal with a certain range of issues specified in the relevant laws.

Statement of claim for alimony collection

Meanwhile, this method of making bailiffs work does not always work. We won’t go into too much sociology, but our stick method, as practice shows, is much more effective than carrot motivation. Failure to pay child support Refrain from excessive emotionality, present the facts in dry business language.

Describe in detail the circumstances of the incident and indicate your requirements. If you are not confident in your abilities, use the help of a lawyer.

Complaint to the prosecutor's office about the inaction of bailiffs regarding alimony, sample To write a correct statement or complaint to the prosecutor's office about non-payment of alimony, you must include the following mandatory information in the document:

You are here: The difficulty of obtaining funds determined by the court or an agreement between parents may be associated with the ineffectiveness of the bailiffs in establishing the place of employment and sources of income.

Ask a question How to collect alimony after a decision or agreement? In some cases, the payer may begin to voluntarily comply with the court decision. If obligations are fulfilled in a timely manner and in full, no additional actions are required from the creditor.

Having received the writ of execution, the recipient has the right to act independently or to involve the joint venture company. Actions differ depending on the form of collection of funds.

Maintenance is collected as follows: Cash is deducted from the vast majority of income.

Statement of claim for the recovery of alimony penalties

The child and children live with me, I fully provide for them financially, the defendant did not and does not provide financial assistance for the maintenance of children with alimony. The defendant has no other children, no deductions are made from him under writs of execution, and we were unable to reach an agreement on the payment of alimony.

In accordance with Article 81 of the Family Code of the Russian Federation, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: In accordance with the article of the Code of Civil Procedure of the Russian Federation, a court order is issued if a demand is made for the collection of alimony for minor children, not related to establishing paternity, challenging paternity, or the need to involve other interested parties.

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For example, if in court the applicant refers to the fact that due to failure to fulfill alimony obligations and the formation of debt, the plaintiff took out a loan due to the impossibility of paying for additional classes for the child or paying for a trip, it is necessary to submit a copy of the loan agreement as an attached document to confirm his words. Date and signature of the applicant or the plaintiff’s representative by proxy. A sample debt collection application can be viewed below or downloaded from the link. To the Magistrate's Court of the Sovetsky District of Bryansk, Bryansk, st. Stepnaya, village Aminova Anna Yuryevna, Obezdnaya, cont. Kostycheva, , cont. Bryansk

If an application is submitted to the court for the purpose of filing an administrative claim and its consideration. Thus, if there is a failure to pay alimony by the debtor, or.

You can write objections, not a lawsuit. You can file a counterclaim. Contact me, I will provide legal support.

You have the right to write both an objection to the guardians' claim and a counterclaim to offset counterclaims. Contact a lawyer in Tver .

An application was filed to bring the ex-husband to criminal liability for failure to pay alimony. The trial has been scheduled. I am called as the legal representative of the victim.

Failure to pay child support

Statement of non-payment of alimony: In order to collect arrears of alimony, the child's mother must file a claim for non-payment of alimony with the court at her place of residence. An application for non-payment of alimony can only be filed if there is a violation of the obligations established by the court or settlement agreement to support a minor child.

Failure to pay child support. Child support arrears are the total amount of debt resulting from late alimony payments for a certain period from the moment of the first non-payment of alimony until a decision on forced collection of arrears is made. Debt collection is regulated by the Family Code Art.

The main functions of debt collection will be performed by the bailiffs conducting the proceedings.

Statement of claim for collection of arrears of alimony

Documents for collection of alimony arrears Statement of claim for collection of alimony arrears As a result of prolonged evasion of alimony payments, a debt is formed. After the trial, all problems are resolved by the bailiff service.

Grounds for filing a claim for debt collection In order to be able to file a claim for collection of alimony debt in court and to be sure that this claim will be resolved positively, a number of conditions or grounds must be met: Deadlines for filing a claim with the court The deadlines for filing a claim for collection of alimony debt are regulated Article oh of the Family Code of the Russian Federation.

At the same time, you need to correctly understand how an application for non-payment of alimony is correctly filled out and where it needs to be submitted in order to achieve a positive result.

General requirements Today, the current legislation does not establish any strict requirements for how to correctly draw up an application for non-payment of alimony, since its content may vary depending on the individual circumstances of the case under consideration.

Home Failure to pay alimony Evasion of paying alimony Failure to pay alimony to a child Failure to pay alimony to a child By the beginning of the year, according to official statistics, every third alimony payer refuses to fulfill his obligations, believing that a parent raising a child alone will not be able to do anything to receive the established law means for its maintenance. Evasion of paying child support is a serious offense that can lead to adverse consequences.

Statement of claim for collection of arrears of alimony and penalties

The main problem in collecting alimony is the formation of debt , when for a variety of reasons (unintentional or intentional) the debtor does not transfer the required amounts of payments (or transfers them in an incomplete amount), and the recipient is left without the funds established by the court or a notarial voluntary agreement.

Alimony debt is the amount of alimony funds established over a certain period as a result of non-payment, established by a court decision (court order) or voluntary agreement, subject to subsequent payment by the debtor to the claimant, or possible for reduction or liquidation.

Initial measures to repay the resulting debt should be taken by the bailiff conducting the proceedings, who is endowed with fairly broad official powers in this area. However, in reality, bailiffs rarely show such official initiative, and often collectors are completely faced with the inaction of these officials.

In cases where the alimony debt accumulates over a long period of time and reaches a significant amount, the recipient party can use the judicial mechanism for its collection, i.e. apply to the magistrates' court with a corresponding statement of claim .

When filing such a claim, the recipient of funds can also demand from the court a penalty for late alimony payments and other losses incurred by the person due to non-payment.

The court decision and the writ of execution against the debtor obtained as a result of consideration of the claim are transferred by the claimant to the Office of the Territorial Bailiff Service, as a result of which non-compliance measures may be taken against the debtor, including criminal ones (see Article 157 of the Criminal Code of the Russian Federation).

Procedure for drawing up a statement of claim

The rules for preparing any civil claims are reflected in Art. 131-132 of the Civil Procedure Code of the Russian Federation, which indicate the main components of the statement of claim and the list of necessary documents to secure the claim.

In order for a claim to be accepted for consideration by the magistrate court without delays or comments, it is necessary to comply with the basic rules for its preparation and provision of sufficient supporting documents:

"Cap" of the claim - this is an indication of the addressee and addressee of the document, consisting of:
- names and addresses of the magistrate's court;
- contact information of the plaintiff (status - plaintiff, full name, residential address, contact phone number, email (if available) and similar information about the plaintiff’s representative by proxy (if he is involved in the case);
- information about the defendant (status - defendant, full name, residential address, current known telephone number).
The name of the claim is “On collection of alimony debt.”
Main part of the claim:
- A thesis statement of the facts about the collection of alimony and the initiation of proceedings to enforce a court decision;
- Date of occurrence of the payer's debt;
- Bringing evidence confirming the formation of the debt (a copy of the order for its calculation from the bailiff, a printout of a bank card with no amounts of alimony payments received, etc.);
- Description of the rights of the collecting party violated by the actions of the debtor during the period of non-payment of funds (for example, credit obligations arising due to financial difficulties, the child missing additional classes with a tutor or trainer, etc.);
- Calculation of alimony debt (if the funds are collected through the court, you can request a settlement order from the bailiff; if payments are delayed under the alimony agreement, the plaintiff will have to calculate the amount of the debt independently).
Demands of the claim - the demand in its wording will actually repeat the title of the claim - “to collect arrears of alimony from the debtor-defendant (full name) in favor of the plaintiff (full name) in the amount of (indication of the amount of the debt calculation) » with mandatory references to current legislation.
Attached documents (in two copies - for the court and the defendant):
- Statement of claim;
- Copies:
- A printout of receipts of payments to the claimant’s bank account, confirming the absence of alimony charges;
- Original certificate of income of the plaintiff (if available);
- Other documents relevant to the case.
For example, if in court the applicant refers to the fact that, due to non-fulfillment of alimony obligations and the formation of debt, the plaintiff took out a loan due to the impossibility of paying for additional classes for the child (or paying for a trip), it is necessary to submit a copy of the loan agreement as an attached document
Date and signature of the applicant (or the plaintiff’s representative by proxy).

A sample debt collection application can be viewed below or downloaded from the link.

To the Magistrate's Court of the Sovetsky District of Bryansk 241019, Bryansk, st. Stepnaya, 4

Plaintiff : Anna Yuryevna Aminova, Bryansk, st. Bypass, 12-12

contact/tel. 8-950-950-50-50

Defendant : Aminov Bakhtiyar Ruslanovich, Bryansk, st. Kostycheva, 257-10,

Sample application for alimony collection

filing an application by a person who is incapacitated;
the presence in the document of a signature of a person who does not have the right to sign such a requirement;
filing a petition by an unauthorized person;
the presence of this case in the proceedings of another court;
filing an application for return of the claim.

As mentioned above, a court order has advantages over lawsuit proceedings. Another advantage is that the issued court order for the collection of alimony has the force of a writ of execution. This means that it can be presented to the authorized bodies with an application to initiate enforcement proceedings.

Court order for the collection of alimony

All documents are submitted in the form of simple copies - the originals are presented at the court hearing. It is necessary to submit as many copies of the statement of claim and sets of attachments as there are persons participating in the trial (usually in triplicate - for the court, the plaintiff, the defendant).

Statement of claim for alimony 2023 (sample)

The date of registration and divorce, if one was registered; if not, then a document confirming the fact of family relations with the children for whom alimony is being collected is indicated, for example, a certificate of paternity.
Full name and date of birth of the children for whose maintenance funds are collected.
Grounds for going to court. As a rule, this is the defendant’s refusal to provide financial assistance for the maintenance of children voluntarily.

If an application is submitted for the recovery of maintenance in a fixed sum of money, it is necessary to indicate how this amount is calculated. That is, confirm your monthly expenses for the child (give an approximate calculation of expenses indicating what they are spent on).
The norms and articles of the law that you refer to when filing an application with the court.

How to write an application for alimony: sample 2023-2019

information about the site in which the claim is being filed;
Full name of the applicant, his home and work address, contact telephone number, place and date of birth;
Full name of the defendant, his telephone number, residential address, place of work, place and date of birth.
information about the parties, which will include information about whether they are or were married, the relationship of the defendant with the child, and the presence or absence of material payments from the defendant.
links to relevant articles from the codes of the Russian Federation, confirming the right of the claimant to receive monetary payments and submit an application to the court;
the amount of alimony that the plaintiff wishes to receive.

Statement of claim for alimony collection

The next document attached to the application for alimony is a certificate of marriage or divorce. This document is not so mandatory, but it will confirm the plaintiff’s arguments about the presence or absence of cohabitation and assistance from the parent obligated to pay alimony.

Statement of claim for collection of child support

When an organization is closed, the employer is obliged to pay the employees in full and pay them the required compensation. We will tell you who is paid severance pay, what amounts citizens can expect, and also outline the rules by which they are determined and what is not taken into account.

The difference in the calculation lies in the circumstances. If the payer refused alimony or did not make transfers for the child, penalties are applied. If the recipient applied to the court to assign alimony and filed a petition for collection for the previous period, no fines will be assessed.

Sample application for collection of alimony through bailiffs

The “header” of the application is in the upper right corner of the claim:
1. Full name and address of the magistrate's court;
2. Personal data of the plaintiff, defendant, as well as their legal representatives:
  1. FULL NAME;
  2. Status: plaintiff or defendant;

Registration and permanent residence address;

Contact details (phone, email).

The official name of the documents in the center of the sheet is “Application for collection of alimony debt”;
Descriptive part of the statement:
1. Abstract description of enforcement proceedings (type of alimony, payer, etc.);
2. Date of assignment of alimony and debt collection;
3. Evidence of non-payment of alimony:
  1. Resolution on the calculation of debt from the senior bailiff of the executor;
  2. Bank statement and certificate of non-payment of alimony, etc.
4. Calculation of alimony debt.
The main requirement of the application. An almost exact repetition of the name of the claim is allowed: “To collect arrears of alimony from the defendant (full name) in favor of the plaintiff (full name).” Next, you must indicate the exact amount of the debt, the amount of the penalty and links to the relevant articles of the law.
List of attached documents (original plus two copies for the judge and the defendant):
1. Statement;
2. Plaintiff's passport;
3. Certificate of marriage or divorce;
4. Child's birth certificate;
5. A court decision to collect alimony or an Agreement on the payment of alimony;
6. Resolution on initiation of enforcement proceedings;
7. All applications filed by the bailiff during enforcement proceedings;
8. Official calculation of alimony debt from the bailiff.
9. A certificate from the debtor’s place of work or a bank account statement;
10. Other documents related to the process.
Date and signature of the plaintiff.

Application for non-payment of alimony: sample filling

Let's assume that an application for calculation of alimony debt (a sample of it is presented to your attention) has been submitted. The bailiffs issued a certificate, and the child's legal representative went to court to recover funds for the maintenance of the minor. What's next?

Interesting read: What benefits did Yatsenyuk cancel?

Application for calculation of alimony debt: sample

In the statement of claim, the plaintiff must indicate in what form it is preferable to receive alimony. The Family Code implies payment of maintenance either in shares, that is, a certain percentage of the defendant’s income, or in a firmly fixed amount of money.

Sample statement of claim for alimony collection

To recover from Ivan Ivanovich Ivanov, born October 29, 1980, native of Rostov-on-Don, resident. Rostov-on-Don, Voroshilovsky Ave., 3 apt.

1 in my favor alimony for the maintenance of children: son Ivanov Timofey Ivanovich, born January 3, 2012, son Ivanov Artem Ivanovich, born March 20, 2013, daughter Ivanova Alina Ivanovna, born February 22, 2014, in the amount of 12 parts of all types of earnings monthly , starting from the date of application March 11, 2015 until the children reach adulthood.

How to write a statement of claim for the recovery of alimony - sample statements of claim

Performance list. Issued on the basis of a court decision (after the decision enters into legal force).
An agreement that must be notarized. Otherwise, it will not have legal force. The agreement is certified by any notary and may contain various information, including the frequency of payments, conditions for termination of the obligation, and so on.
Court order. Issued on the basis of an application for an order, which is submitted to the magistrates. It is worth remembering that the order is not issued if there is a dispute about the right in the case (for example, it is necessary to establish paternity or determine alimony in a fixed amount).

Application to bailiffs for the collection of alimony (sample document)

Debtors go to court with such claims much less often. The reason for such an appeal is often a disagreement with the amount of the debt calculation made by the bailiff. The debtor goes to court to prove that the debt was not caused by his direct fault, the penalty was calculated unfairly, the amount of the debt is overstated, etc.

How to correctly write a statement of claim for the collection of arrears of alimony

When the alimony worker disappears, the bailiffs must take measures to establish his whereabouts. To do this, using the databases of the tax service and the pension fund, it is necessary to determine the place where the debtor can be employed. If this is successful, then documents for the collection of alimony are sent to the accounting department of such an organization.

Sample application to bailiffs for collection of alimony debt

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Application to bailiffs for collection of child support sample 2023

Deciding on the issue of alimony is still half the battle.
To begin the actual process of collecting and receiving them, it is necessary to initiate enforcement proceedings for alimony payments - this is a legal procedure for the forced execution of a court decision (court order), aimed at satisfying the legal rights and interests of the citizen-collector in terms of receiving payments established by law (or property).
The state body of the Russian Federation authorized to carry out actions for the execution of judicial acts and supervision in this area of activity is the Federal Bailiff Service (hereinafter referred to as the FSSP).
A claimant who has received a court decision (court order) on assigned payments must submit it to the FSSP in order to initiate enforcement proceedings and be prepared for the fact that at this stage various kinds of difficulties may arise: from the debtor’s evasion of payment of funds to ineffective work the bailiff himself.
In order to “communicate” with the bailiff directly handling the case, it is important for both the claimant and the debtor, within the framework of legal awareness, to know three things: It is no secret that a person who is somehow knowledgeable in the legal aspect, understands his basic rights and obligations, and represents the specifics of the work The FSSP will act more effectively to protect its interests at the reception of a specialist from this service.
Therefore, before meeting with the bailiff, it would be a good idea to familiarize yourself with the most important documents on which the work of this service is based.
You should also not be lazy to make abstracts from legal documents with reference to the necessary articles - this will allow you to quickly navigate your appointment with a specialist and legally competently state your requests and demands without receiving an unmotivated refusal.
We offer you professional writing of statements of claim on the topic you need, you are required to inform Us of these cases, and then our lawyers will write a professional, without compromise statement of claim (statement), completely ready for filing in court.
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We do not write statements of claim if we see that the case cannot be won. Keep in mind that the statement of claim and annex to the statement of claim must be prepared according to the number of persons involved and all of them must be sent to the court, i.e. Legal facts - statements about establishing the fact of work, periods of work, family ties, ownership of title documents, recognition as incompetent and vice versa, etc. everything related to personal non-property rights and their establishment.

Sample application to bailiffs for the collection of alimony

For example, if the defendant and a third party are involved in the court, 3 claims with attachments must be sent to the court - to the Court, to the defendant and to the third party. Also, all petitions and additional written evidence that will be presented in court must be prepared according to the number of persons participating in the case.

Divorce, determining the place of residence of children, division of property, collection of alimony, as well as dismissal, termination of employment contracts, etc.

However, I believe that your inaction in resolving my application violates my rights, so I ask you to make a written decision on my application and notify me within the 10-day period established by law about the decision, as a disabled person of the 2nd group.

I have no other income, since for health reasons I do not work, I am constantly in hospital treatment due to a serious illness, and I am not engaged in entrepreneurial activity.

This amount is below the subsistence level in the Russian Federation in 2012.

When 50% of my pension is collected from me, which is 2,455.58 rubles, I have no money left for my existence, accommodation, treatment, food, etc.

Claims against tax authorities and UPF, recovery of damages, moral damages, losses, claims against authorities for the protection of honor, claims for the protection of consumer rights, etc.

To order a Statement of Claim, you need to fill out contact information and describe the problem as fully as possible (without indicating names, addresses and titles) As part of enforcement proceedings, I am submitting an application to reduce the amount of recovery from the disability pension from 50% to 10% on the basis of Article 99 of the Federal Law from the year “On Enforcement Proceedings” does not contain a prohibition on reducing the amount of penalties from the debtor and setting it to less than 50% of monthly income, wages, pensions, etc., since the amount of my disability pension (I am a disabled person of the 2nd group) with year is 4911.17 rubles.

During enforcement proceedings, you may need an additional application for the bailiff, for example, to collect alimony from the defendant's salary or to force the eviction of the losing party.
In this article you will receive all the necessary information on contacting the FSSP authorities, as well as application and complaint forms.
The judicial process primarily involves making a decision in favor of one of the parties - the defendant or the plaintiff.
After the consideration of the claim is completed, a writ of execution is issued, on the basis of which the other party is obliged to repay the debt.
In some cases, the court independently transfers the document to the bailiff services for forced compensation of the debt.
However, most often the application and transfer of the application to the authority occurs on the initiative of the claimant.
The most popular examples when you need to contact the FSSP with a sample application for the forced recovery of cash, property, to establish the location of a person, etc.
According to the writ of execution: To include the case materials, the bailiff may decide to have the person present an autobiography for the purpose of his subsequent employment at his previous place of work (according to the adopted resolution).
It is necessary to write an application to the bailiff according to the writ of execution to the service in the prescribed form, having previously familiarized yourself with the required sample on the official website
The correct sample application to the bailiffs - download.
Sample application for acceptance of a writ of execution by the bailiff service for enforcement - download.
To correctly write an application to initiate enforcement proceedings for presentation to the SSP, you should use the form.
Application form to bailiffs for recovery (for example, alimony) under a writ of execution (initiation of enforcement proceedings) - download Where to submit the application, you can find out on the website of the federal bailiff service.
A list of all operating SSPs by city and region is presented in electronic form, indicating the address and contact telephone number.

Application to bailiffs 2023 - sample, how to write, about

In some cases, the court independently transfers the document to the bailiff services for forced compensation of the debt.
However, most often the application and transfer of the application to the authority occurs on the initiative of the claimant.
The most popular examples when you need to contact the FSSP with a sample application for the forced recovery of cash, property, to establish the location of a person, etc.
According to the writ of execution: To include the case materials, the bailiff may decide to have the person present an autobiography for the purpose of his subsequent employment at his previous place of work (according to the adopted resolution).
It is necessary to write an application to the bailiff according to the writ of execution to the service in the prescribed form, having previously familiarized yourself with the required sample on the official website
The correct sample application to the bailiffs - download.

Sample application for acceptance of a writ of execution by the bailiff service for enforcement - download.
To correctly write an application to initiate enforcement proceedings for presentation to the SSP, you should use the form.
Application form to bailiffs for recovery (for example, alimony) under a writ of execution (initiation of enforcement proceedings) - download Where to submit the application, you can find out on the website of the federal bailiff service.
A list of all operating SSPs by city and region is presented in electronic form, indicating the address and contact telephone number.

Application to bailiffs for the collection of alimony sample

After the address has been received, you should begin writing the application itself on the form prescribed by law.
Documents are accepted by the executive body on the day they are submitted and recorded in the incoming mail log.
It is imperative to know how to draw up an application, what information to indicate in it, as well as the basic rules for filling out the details: Submitting a written sample application to bailiffs on a writ of execution is carried out in two printed copies (not in writing), on one of which the organization’s stamp is placed with date and registration number.
According to Federal Law No. 229-FZ “On Enforcement Proceedings”, a bailiff will be appointed within three days.
If it is impossible to visit the FSSP in person, it is possible to send documents by registered mail.
To confirm the fact of its receipt by the bailiffs, you should keep the return notification of delivery.
When changing your place of residence, you must send a request to the SSP.
When contacting the bailiff department, the claimant may make a demand to deduct alimony payments from an employed person with a monthly salary.
However, if their size is significant, the defendant may submit a motivating response, which will mainly allow him to raise objections to the statement of claim.
To do this, you need to send a request to the FSSP to reduce the interest on alimony.
When considering this issue, the plaintiff may need clarification - a detailed explanation regarding the parent’s participation in raising the child.
In addition, it is possible to send to the head of the SSP body a petition to seize the debtor’s property, to collect a debt, a petition for the forced eviction of a person residing illegally, etc.
After submitting these documents, measures are taken to implement them.
If there is a claim against the bailiff, the claimant can draw up and file a complaint against his illegal, groundless actions or inaction.
Sample complaint form to bailiffs addressed to the senior bailiff - download.
After an inspection by higher authorities, measures will be taken to remove this executor from the case, or, in extreme cases, surrender authority.
Claim proceedings involve preparing a statement of claim to obtain alimony, and writ proceedings involve filing an application in order to obtain a court order.
What is needed for this and how to correctly prepare a statement of claim for the collection of child support we will describe below.
To obtain a court decision to pay alimony, the first thing you can do is send an application to writ proceedings.
The issuance of a court order does not require judicial procedures and occurs as follows: Claim proceedings last up to 1 month and involve filing a claim in the magistrate’s court and the presence of the parties at the trial.

Application to bailiffs for the collection of alimony in 2023

The plaintiff and defendant express their positions on the case and support them with evidence.
In accordance with Articles 121-130 of the Civil Procedure Code, a simplified procedure is provided for cases of collecting alimony for children under the age of majority.
To submit an application, the claimant, the person in whose favor alimony is being collected, must send the appropriate package of documents to the court.

154 of the Code of Civil Procedure, cases of alimony collection are considered up to a month from the date of filing the application by the plaintiff.

The document must contain the following information: If the violations are corrected, the plaintiff has the right to re-submit the application.

134 of the Code of Civil Procedure, the court has the right to refuse to accept an application in two cases: during early consideration of this civil case and in the absence of a violation of the rights of the plaintiff.

Having prepared an application in accordance with all the requirements, the plaintiff must send it to the magistrate’s court, where an appropriate ruling will be made within 5 days. During this time, the judicial body is obliged to hold a meeting and make a decision.

If a refusal is received, the plaintiff is deprived of the opportunity to resubmit the application, but has the right to file a private complaint to determine the refusal. If the defendant does not file an appeal within a month after the court decision is made, the verdict will enter into legal force and the plaintiff will need to receive a writ of execution.

Filing a statement of claim does not require payment of a state fee, which is regulated by clause. This document is sent to the bailiffs for the execution of the court decision.

At the end of the trial and the entry of a court decision on the payment of alimony, the defendant may not fulfill his obligation, and therefore the plaintiff may recover a penalty from him.

Download a sample application for the collection of a penalty for late payment of alimony: In order to receive legal funds and accrued interest, you must fill out the appropriate application and submit it to the magistrate’s court for consideration.

The amount of the penalty is 0.5% for each overdue day of the total amount of debt in accordance with Part. The rules for filling out are the same as when filing claims, with the exception of one feature.

If the alimony payer does not have regular income or its amount does not satisfy court requirements, then the bailiff has the right to seize his property in accordance with Art.

Obtaining a court order to collect alimony is a rather complicated but necessary procedure that will ensure good financial support for children.

This is the need to contact the bailiff service to calculate the amount of debt and make a decision, which is regulated by clause. You just need to follow the regulated rules, which will help minimize delays in the case.

The plaintiff and defendant express their positions on the case and support them with evidence.
In accordance with Articles 121-130 of the Civil Procedure Code, a simplified procedure is provided for cases of collecting alimony for children under the age of majority.
To submit an application, the claimant, the person in whose favor alimony is being collected, must send the appropriate package of documents to the court.

Download a sample application for a court order to collect alimony: The requirements in the form and content of an application for a court order are regulated by Article 124 of the Code of Civil Procedure. 154 of the Code of Civil Procedure, cases of alimony collection are considered up to a month from the date of filing the application by the plaintiff.