Do debt collectors have the right to describe and sell the debtor’s property? Can collectors describe property? Can bank collectors carry out an inventory of property.

Petrov Vladimir Igorevich(05/04/2013 at 23:12:34)

Hello! My colleague is right, only bailiffs have the right to describe property.

If collectors make threats, then you should understand that there is nothing behind these threats. In Russia there is no law “On collectors”, that is, their activities are not regulated in any way. On the other hand, there is the Civil Code of the Russian Federation, which protects the rights of borrowers and even unscrupulous borrowers. Therefore, you should not be afraid of threats from collectors.

If debt collectors call you and bother you, then there is only one piece of advice - don’t pick up the phone and don’t pay attention to them. There is no law in Russia prohibiting telephone calls or sending SMS. Therefore, there are no sanctions for this act.

However, sometimes (very rarely) collectors go too far and use force. What to do in this case? First, understand that this is illegal. Any physical influence or threat of such influence in order to obtain property may be considered extortion. Let me quote from the Criminal Code (abbreviated):
"Article 163. Extortion

1. Extortion, that is, the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives - is punishable by restriction of freedom for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to eighty thousand rubles.

2. Extortion committed by a group of persons by prior conspiracy is punishable by imprisonment for a term of three to seven years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of any other income of the convicted person for a period of up to three years.

3. Extortion committed by an organized group is punishable by imprisonment for a term of seven to fifteen years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years.”
Now some food for thought. Some people came to you, they threatened to take away your property, they didn’t show you any documents confirming the debt, they threatened you. In addition, collectors are an organized group, with an office, an action plan, etc. So think about whether their actions fall under the above article or not?

Therefore, if such a situation arises, call the police, call the squad. Even if they are not brought to criminal responsibility, they will definitely forget the way to you.

Hello. My older sister took out a loan in 1998 using her maiden name. Now she has her husband's last name. At first the loan was paid off, but then her husband died and she stopped paying. Of course, many years have passed, but naturally this did not stop the credit institution and the bank transferred this debt to collectors, and they, in turn, others and so on... I don’t want to protect my sister, she leads an immoral lifestyle. But mom shouldn’t have to suffer because of this. Now the collectors want to come and describe the property, although this property belongs to my mother and she is a responsible tenant in a municipal apartment and she has documents with receipts for equipment and furniture, and my sister and daughter are only registered, they have not lived at the registration address for a long time. We started living only in 2011. As far as I know, the collectors themselves do not have the right to describe the property, but have the right only by a court decision and a writ of execution, which do not yet exist, and with bailiffs. But despite all this, the collector said that he didn’t care that it was my mother’s property and would still come to describe it. What to do?

Hello, Zhanna.

Let's start with the fact that collection agencies and their representatives really do not have any rights to make an inventory of the debtor's property, and even more so the property of the debtor's family members.

Such actions are possible only if there is a court decision and a resolution of the bailiff on carrying out enforcement actions to collect the debt on the loan, that is, in your case, an inventory of the property.

Since there is no court decision on debt collection, no enforcement actions will be taken.

You have every right not to discuss these issues with employees of the collection agency, and also not to allow them into the apartment.

In addition, there is a statute of limitations for collecting loan debt.

This period is calculated as follows: the limitation period begins from the moment of the last payment. That is, if your sister last paid the loan two or three months ago, then the statute of limitations will begin to count from this date.

In this case, no one has the right to demand payment of the loan debt, not even the court. Naturally, with the expiration of the statute of limitations, foreclosure cannot be applied to the property of the debtor, and, accordingly, members of his family (this is not even discussed).

If the statute of limitations has not expired, wait for the court's decision and the bailiff's decision.

When the bailiffs arrive to inventory the property, you have the right to invite witnesses (for example, neighbors) and record the inventory procedure on a video camera, making comments during the inventory that this property does not belong to the debtor, but to your mother. Bailiffs also need to provide checks and receipts for property purchases.

In recent years, the retail lending portfolio has been characterized by an increase in the share of unpaid debt invoices. Most Russian citizens began to experience difficulties related to loan repayments.
Banks engage collection agencies to collect debt, which intimidate citizens by imposing huge fines, confiscation and seizure of property. There are often cases when debt collectors harass their loved ones.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What it is

By “collection agency” we mean an agency engaged in collecting overdue and problem debts on a professional level. Their main goal is to facilitate payments on debts that individuals or legal entities have.

Collectors are employees of companies engaged in commercial activities, and therefore represent their interests. Since collectors are not employed by government agencies, they are deprived of the right to make an inventory of debtors’ property or sell it in order to obtain funds for it to be transferred to the bank. According to the instructions of legal acts, the production of an inventory is the responsibility of bailiffs.

Many collection agencies operate as a creditor's agency, collecting debts for a fee. It is formed by the amount of collected funds, from which the percentage established by the agreement is deducted.

Encroachment by collectors on parents' property

According to the requirements of legislative acts, banks have the right to confiscate the borrower’s property if he does not repay the debt. Parents are not responsible for adult children, so no one has the right to encroach on their property.

As practice shows, some parents act as guarantors, as a result of which the borrower’s obligations to the bank are transferred to the guarantor. In this situation, they will be required to pay the debt based on a court order. In case of refusal to comply with the order, the bank is allowed to seize the property and sell it. In such situations, collectors are brought in to help collect the debt.

However, these agencies are deprived of the right to take any action regarding the parents' property.

Their activities, according to the instructions of legislative acts, will be regarded as illegal. This provision is enshrined in the Federal Law “On Enforcement Proceedings” and the Civil Code.

In addition, residential premises where several people are registered and live are not confiscated. Moreover, when it is their only home that meets the technical requirements for permanent residence.

Collectors do not have the right:

cause harm to the borrower's parents by trying to deprive them of their property;
, intimidating them.

If any share of the property belongs to the borrower, then the bailiffs must determine it. When making an inventory of property or seizing it, parents must file a claim with the judicial authority at their place of residence, because neither the bank nor the collectors have the right to carry out these actions without a trial.

The parents of the borrower, in the event of a controversial situation regarding the ownership of property in accordance with Article 119 of the Federal Law “On Enforcement Proceedings,” must apply to the judicial authority with a statement of claim with a request to resolve the issue. During the trial, the parents' property is excluded from the list of the borrower's property inventory.

The legislative framework

Article 10 of the Civil Code states the inadmissibility of exercising civil rights whose purpose is to cause harm to another person. Citizens do not have the right to carry out illegal actions, bypassing the norms of legal acts, or to abuse their rights.

If these requirements are not met by a citizen, then the judicial authorities may refuse to protect their rights in whole or in part. In addition, if the rights of other persons are violated, the offender is obliged to compensate for the damage caused by the harm. Protection of violated and disputed rights is carried out in accordance with Article 11 of the Civil Code in court according to the rules of procedural acts.

The terms of consumer loan repayments are established in accordance with the instructions of the Federal Law of December 21, 2013 No. 353-FZ “On consumer credit (loan)”. If the borrower violates them, then penalties will be applied to him. The creditor has the right to demand from him an early return of the remaining amount along with interest charges by terminating the agreement with him.

But he must send the borrower a letter with a pre-trial claim before taking enforcement action or applying to a judicial authority. In this case, the lender is obliged to set a period for repayment of the balance of the consumer loan within reasonable limits. It should be no more than thirty days, which are counted from the date of sending the notification.

Actions of the parties before trial

The creditor has the right to assign rights in accordance with the terms of the agreement to third parties. This provision is enshrined in Article 12 of the Federal Law “On Consumer Credit (Loan)”. It can be carried out if the law or contract does not provide for a condition prohibiting assignment. When concluding a contract, the parties must agree among themselves on the application of the assignment.

The borrower, in accordance with the provisions of the above law, retains all the rights in relation to the new creditor that he had in relation to the first creditor.

The borrower can pay his debt voluntarily. If he does not have the ability to make payments, then the last option for collectors trying to protect the rights of the bank is to contact a judicial authority, which will open legal proceedings.

Procedure for judicial proceedings

The court must inform the debtor of the date and time of the court hearing, to which he must come to give explanations about the delays in payment. The borrower may invite the bank to draw up a settlement agreement approved by the court. If he refuses to pay the debt, the court has the right to oblige the debtor to repay his debt, provided that the bank’s demands are justified.

The judicial body issues, in accordance with the requirements of the Civil Procedure Code, a resolution in the form of an order, decision, determination, which are subject to mandatory execution. In accordance with Article 428 of the Code of Civil Procedure, the judicial authority issues a writ of execution to the claimant when its decision acquires legal force.

The Federal Law “On Enforcement Proceedings” in Article 1 determined the conditions and procedure for the execution of a court decision and acts issued by other bodies and officials forcibly. It was adopted on October 2, 2007 under number 229. According to the instructions of Article 5, the enforcement of all types of decisions and acts is forcibly entrusted to the Federal Bailiff Service.

As for the issue of the property of people close to the borrower, collectors only scare them in an effort to force them to repay the debt to the borrower by any means. You need to know that the property of relatives, according to the instructions of legal acts, is not subject to foreclosure.

Competencies of bailiffs

Bailiffs are vested with broad powers that allow them to execute a court order regardless of the circumstances.

These include:

entry into non-residential premises occupied by the debtor;
entry without the consent of the debtor into his residential premises of the debtor at the place of registration, if they received permission from the senior bailiff in writing;
seizure of the borrower's property and bank accounts;
confiscation of the debtor's property;
carrying out measures to search for the debtor;
involvement of law enforcement agencies as necessary;
collection of enforcement fees;
setting time limits.

Bailiffs initiate enforcement proceedings after receiving a writ of execution, which is reported to the borrower. He is set to continue 5 days deadline for making voluntary payment. All measures to enforce a court order are carried out at the place of residence of the debtor, his location, and the place where his property is located.

If the borrower does not have funds or they are not enough to repay the debt, then, in accordance with Article 69 of the Civil Code of the Russian Federation, foreclosure is applied to other property that belongs to him by right of ownership.

Bailiffs must draw up an inventory of the debtor's property only in the presence of witnesses. It indicates the personal data of those present and lists the property that is subject to seizure. During the inventory of property, a preliminary assessment of its value is made.

What a borrower needs to know

Although the bank has the right to transfer its rights to collect loan debts to third parties, the only available way for it to satisfy claims is to file a claim with a judicial authority. The collection agency must provide documents certifying that the bank has transferred the debt. Without presenting documents, it has no right to demand that the borrower, his parents, or relatives repay the debt.

But it is necessary to pay attention to the fact that only bailiffs acting on the basis of a court writ of execution have the right:

enter the living space, describe it;
seize property;
seize the property of the borrower and his guarantors.

It is issued by the court in the manner prescribed by legal acts. Other persons are deprived of the authority to carry out the above actions.

The borrower can appeal the actions of the bailiffs in accordance with the instructions of legal acts in court by filing a statement of claim with a request to release his property from seizure. The borrower's liability may be reduced in accordance with the instructions of Article 404 of the Civil Code if the case is being examined in court.

If the residential premises or some part thereof is the only premises suitable for permanent residence for the borrower and members of his family, then, in accordance with Article 446 of the Code of Civil Procedure, collection cannot be carried out under a writ of execution. An exception is residential premises purchased under mortgage lending, which are subject to foreclosure in accordance with the norms of legislative acts on mortgages.

In their quest to earn a lot, dishonestly and quickly, banks always resort to any legal or illegal schemes. It is enough to remember the recent past (illegal commissions, hidden interest, interest on penalties, interest on interest, imposed insurance, unilateral interest rate increases and a host of other deceptions) to understand that this is true. At the request of our “TV viewers”, it was decided to create a special category on the site with threats and other scares from both banks and collectors, and in addition to describing these scares FROM and TO, you will be offered legal information about who, what, where and when it can, if at all possible under Russian law. So, the first scare is that a bank or collection agency threatens or warns that if you do not pay the overdue debt, they will seize your property and take it away to pay off the debt. When and if I heard this, and laughter did not go through me, I wanted to immediately ask them a question: “Name the article and the name of the law, where it is written that the bank, its security service, the visiting team, the department for combating the fight against the fight against to fight and other units can not only describe my property, but also enter my house?” Such questions are puzzling. All the nonsense you hear in response is worth not hanging up on. The only correct answer is that foreclosure on the debtor’s property is carried out in accordance with Chapter 8 of the Law “On Enforcement Proceedings”, after the court decision has entered into legal force, the deadlines for appealing or the possibility of appealing in respect of which have been exhausted. Alas, that's all. Arrests, inventory of property - all this after and only after the COURT recognizes you as a debtor. Nobody cares what the bank thinks. Every time they say the word debtor to you, they slander you. The entire inventory will be carried out by the FSSP - the federal bailiff service represented by bailiffs, if it comes to that. Their actions can be appealed in court so that they do not take too much. There is no exception in the laws of Russia in this aspect. Only this order! He is the only one possible. All the nonsense that bank employees, call center employees, and debt collectors will tell you is as extensive as their imagination. This could be a threat that a local police officer or a police detachment will come to you with a team of collectors or bank employees, who will begin to describe everything for you and load it into dump trucks. Nothing like that will happen. The district police officer will not go anywhere with them, and they will not even go to the district police officer. Police squads, GRU special forces - alas, you will not see any of them describing or taking your property. Everything is banal and simple - only the federal bailiff service, on the basis of a writ of execution after a court decision, can do something regarding your property and the collection of DEBT, because after the court decision - you are a DEBT! Clowns in banks and collection agencies also like to say that they and bailiffs will come to you “tomorrow” and begin an inventory of your property. Only in their wild imagination! Bailiffs will not go anywhere with them, and they, bank employees or collectors, will never go to them until there is a court decision. Also, don’t be afraid or panic, ask on the basis of what law and article they are going to do something, record conversations and either post them on the Internet, or, depending on the degree of threats, you can contact the prosecutor’s office or the police. If someone is scratching at your doors or banging their head on them and you are not confident in your abilities, you never know there are three of them, and the collectors don’t go one by one, sit on the sofa and call the police, let the police arrive, and if they don’t leave , then they will talk to them. These frames will quickly discourage you from describing your property or depicting anything.

5/5 (1)

Who are collectors

Many people are interested in the question of what a collection agency does and who do the collectors work with? Generally speaking, their activity is to repay debts. Banks and small financial organizations most often turn to collection agencies for help.

Although, if you need to deal with a construction company that performed poor-quality repairs and does not return the money, you can safely turn to debt collectors. They will also help in a situation where the neighbors above have flooded your apartment, but are in no hurry to compensate for the damage.

In connection with such activities of these agencies, the question arises: how legal are their actions, and do collectors have the right to describe the property of debtors?

Actions that involve purely psychological pressure on the debtor will be legal. That is, the collector’s goal is to ensure that creditors repay debts voluntarily.

Normative base

Now let's look at the seizure of the debtor's property.

Important! According to the provisions of laws No. 229-FZ and No. 118-FZ, only bailiffs can seize the personal property of citizens who have debts to the bank.

If you hear a threat from collectors regarding the inventory of property, immediately contact the appropriate authorities. Collectors will be held accountable for such actions. Thus, no one other than the court can decide to seize the debtor’s property.

Collectors themselves have the right to go to court if all attempts to repay debts are unsuccessful. It is worth noting that such requests are rare.

If you are unable to repay your debts, the matter may go to court. According to Art. 129 of the Code of Civil Procedure of the Russian Federation, if legal proceedings begin, you have the right to draw up a petition within 10 days to obtain an installment plan for the execution of the court decision.

Collectors' rights under the law

Recently, many people have heard about the activities of collectors, but no one knows what rights representatives of such agencies have.

Let's turn to the sections of Federal Law No. 230, which relate to the rights of collectors.

According to the current legislation, the rights of collectors were slightly limited, because what these persons were previously doing amounted to breaking the law. Although even now, statements from citizens regarding the actions of such persons cannot be called rare. New laws made it possible to regulate the relationship between debtors and collectors.

Collectors are required to inform citizens about their debt, but only if a corresponding agreement has been concluded between the agency and the financial organization. We are talking about an agency agreement and an assignment agreement.

The collector notifies the debtor of the amount of the debt and the amount of the fine. He can also agree with the debtor on the repayment period of the debt. No other actions are the responsibility of debt collectors.

Sometimes banks or other financial institutions do not want to deal with debtors and simply sell their debts to collection agencies. We are talking about the so-called assignment agreement.

In this case, claimants have the right:

meet with the debtor (once a week, no more);
call him by phone (once a day, 2 times a week, 8 times a month and no more);
send SMS or voice messages (2 times a day, 4 times a week or 16 times a month and no more).

In addition, there is a certain time schedule for calls and sending messages.

Collectors do not have the right to call the debtor or his relatives from 22.00 pm to 8.00 am. This is on weekdays, and on weekends the time limit is reduced. You cannot call from 21.00 pm to 9.00 am.

Remember! If the rules described above are violated, the debtor has the right to complain to the appropriate court. Before the court hearing, a citizen can stop any contact with the debtor.

What is prohibited to do

use obscene language and raise your voice when communicating with the debtor;
express intentions to take away property belonging to the debtor, which clearly answers the question regarding the lack of the right of collectors to seize the property of citizens;
distribute secret information about the debtor to his relatives, acquaintances, neighbors, employees, and superiors. The only person who can be aware of the debtor’s affairs is the person who became his guarantor at the time of processing the unpaid loan;
without the permission of the owner, enter the house where the debtor lives;
make an inventory of property;
harm a person’s physical and mental health;
contact with minor members of the debtor’s family, as well as with citizens who are being treated in psychiatric hospitals, or people with disabilities.

A person who has debts may refuse to communicate with collectors or entrust this to his legal representative.

If a person does not want to communicate with collectors, he writes a statement to the agency. You can hand it over in person against a signature, or send it by registered mail with notification, through a notary.

Watch the video. Can a debt collector describe property:

When does the spacecraft start working?

The collector begins his “communication” with the debtor only if there is a debt.

The first option of communication is that the financial organization to which a person owes money enters into an agency agreement with the collectors.

According to this agreement, the agency receives a percentage of the debt amount specified in the agreement. Only after this do collectors contact the debtor.

Collectors do not have any special rights due to the existence of an agreement. The debtor returns the debt to the bank, the agency receives its percentage (ranging from 15 to 30%).

This situation is typical for cases where the debt is not too large. We are talking about small consumer loans or credit card debts. It is not profitable for banks to repay such debts.

The second option is for the bank to sell the client’s debts to the agency. We are talking about an assignment agreement. In this case, collectors have additional rights. Now the person has no debts to the bank. But the collectors will take it on.

Note! Changing the terms of the original loan agreement is a violation of the law.

The fact that a person owes debt to collectors does not mean that they acquire more rights in relation to the debtor. They can only use those methods of communication with a person that were mentioned earlier.

According to the assignment agreement, the changes will affect only the current account to which the debtor is obliged to transfer funds.

The borrower must be warned about the fact of assignment.

But this cannot be simple information over the phone or an email. Everything must be formalized. If no one has provided you with the original assignment agreement or a certified copy thereof, you do not have to pay the debt. This is your legal right since you were not notified who to pay.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Can a debtor lose property?

So, let's answer the main question - can a collection agency describe the debtor's property? Will the person then lose his only home?

In this case, the answer cannot be unambiguous. If we talk about the legal side of the issue, then no, collectors do not have the right to deprive a person of housing. According to the basic law of the Russian Federation, only the state is endowed with this right.

A person can lose their home only by a court decision.

Now think about the last statement that the court is the only one who can take away housing from the debtor.

Who prevents debt collectors from going to court?

Nobody, they have every right to do so. You don’t repay the debt, on this basis the agency files a lawsuit, but in whose favor will the decision be made? There is no doubt that it will not be you.

READ ALSO:

Let's assume that you have expensive property, but you have not yet paid off the debt. Collectors will also not rush to go to court. Indeed, in this case, the amount of debt will be immediately recorded. And it’s not profitable for them. They will wait until the debt, due to fines and penalties, reaches its maximum.

Only then will the application go to court. Based on the court decision, the bailiff will describe your property. Then everything will be sold at auction. It is not a fact that the percentage of its real value will be high.

What to do before trial

I would like to deal with one more point - assignment of rights. What does this mean? The bank assigns rights to the loan to third parties. Such an action is possible on the basis of the provisions of Article 12 of the Federal Law “On Consumer Credit (Loan)”.

Let us clarify that such a concession is possible only if it is not prohibited by the terms of the contract or the law. Usually, when a loan agreement is concluded, the issue of applying the assignment is also discussed.

Important! According to the above law, the borrower retains the rights in relation to the new lender that he had in relation to the first lender.

If there is a financial opportunity, the borrower can repay the debts voluntarily. But if a person does not have such an opportunity, collectors file a claim in court. Based on this application, legal proceedings will be opened.

Can the CA take away the property of relatives?

Sometimes the borrower's relatives act as guarantors when applying for a loan. If the court decides to seize the property of these citizens in order to pay off the debt, then collectors do not have the right to do this. This is a matter for the bailiffs.

Please note that if other residents besides the debtor are registered and live in this living space, no one can seize this living space.

Although, if it comes to loans related to the purchase of this housing, then they can take it away, no matter what. Thus, if you register your relative in the apartment, they will not be able to take it away for debts.

It has already been said that the debtor can refuse to communicate with debt collectors and delegate his powers to a lawyer.

If collectors come to describe the property

Collectors often have a bad reputation, and this is confirmed by many unpleasant facts. Their behavior is often dishonest.

A conscientious debtor who is very worried about the current situation with debts can easily fall for the bait of “advanced debt collectors.”

Often, being subtle psychologists, they psychologically harass a person and intimidate him. Never give in to provocations.

If any threats come from collectors, proceed according to the following plan:

collect evidence that you have received threats. Can use audio or video recordings, witness statements, etc. as evidence;
Warn the collectors that you know your rights well and there is no point in threatening you. Creditors also know their rights very well, so they are unlikely to violate the law. Moreover, otherwise they will be held accountable; write a complaint against the collectors and submit it to Rospotrebnadzor, NAPKA or the FSSP. By the way, it is not necessary to visit these organizations; you can file a complaint using the Internet.