From January 16, 2016, those drivers who practice debt evasion have a chance to lose their driver's license. The bailiff service received the right to deprive debtors of their rights. Let us immediately make a reservation that it is not easy to deprive a person of a driver’s license for debts, although at first glance it may seem otherwise, however, if you look at it from the other side, the matter may not be limited to deprivation alone.
Can rights be deprived for debts on loans and other debts?
We found out that this is quite possible. A person’s rights can be taken away if he has various types of debts exceeding 10 thousand rubles. What is typical is that deprivation threatens not only violators of traffic rules, but also those people who owe on:
- alimony;
- fines;
- a loan for which penalties and fines are accrued;
- public services.
Note! It is worth knowing that things are not as sad as they might seem at first. The fact is that there are many exceptions, so there is no need to worry (at least prematurely).
So, today we will figure out what the new law threatens, providing for the seizure of military assets for debts.
Law on deprivation of rights for debts from January 15, 2016
Deprivation of a driver's license for one kind of debt or another is regulated by Federal Law 340, which was adopted on November 28, 2015, but only came into force at the beginning of this year. According to this law, a person who has a debt for which fines are assessed - from alimony to unpaid utilities - may well be limited by bailiffs through deprivation of rights until they (debts) are fully paid.
This news caused a flurry of discontent among car owners, but many Russians perceived it very positively. So, we are talking, first of all, about single mothers whose ex-spouses evade paying alimony. Often such debts amount to hundreds of thousands of rubles, in some cases we are even talking about millions. And if earlier debtors felt relatively unpunished, because, in fact, there was no threat, now the situation has changed dramatically.
As for the banks, they also reacted positively to the legislative innovation, because it is no secret that often Russian citizens, having taken out loans, simply cannot repay them, which is why they hide from the official executors.
Note! It is worth knowing about another important nuance: debtors will be deprived of their rights to both land and water vehicles. In other words, if you own a boat or motor boat and are burdened with debts, then your rights will be taken away until you pay everyone off.
The next feature is that if the total amount of your debts does not exceed 10 thousand rubles, then there is nothing special to worry about, since the preventive measure will be applied exclusively to those persons whose debt is more than 10 thousand. And this, as you yourself probably guessed, is not bad news, because most of the fines provided for by the Code of Administrative Offenses for violating traffic rules do not exceed this amount.
Who shouldn't be afraid of being deprived of their driver's license?
The new law provides for a large list of categories of citizens whose rights cannot be taken away even for such debts. These include:
- people for whom driving is the only available source of income (this includes truck drivers, employees of transport companies, taxi drivers, etc.);
- people whose debt amount does not exceed 10 thousand rubles;
- people who live in regions where they can only be reached by personal vehicle, and deprivation of their license may result in them losing the opportunity to get home/to work;
- people who are unable to pay alimony, loans, etc. due to life circumstances, and representatives of executive services have provided them with deferments;
- people who use a car due to a disability, or those who are forced to transport a disabled person (here we are talking about disabilities of only the 1st and 2nd groups).
Moreover, a separate clause includes a provision that if a person who, at the time of deprivation of a driver’s license, is not a representative of any of the categories listed above, will soon be included in them (gets disabled or works as a taxi driver), then he will have rights returned.
How will rights be taken away?
According to the law, after the court makes a decision to collect a certain amount of money from a citizen through the executive service, the bailiff is obliged to contact him within five days and make an offer to independently repay the debts within the agreed time frame. If there is no reaction to the proposal, the bailiff may make a second appeal to the court demanding the imposition of a sanction on the debtor in the form of deprivation of rights.
When the case is heard by the court and the decision is approved, the debtor will be informed that he has only two possible options.
Option #1. Pay off the debt.
Option No. 2. Give the bailiff your driver's license until the debts are paid.
Note! If this appeal is also ignored by the debtor, then in accordance with Article 17.14 of the Code of Administrative Offences, he may additionally be subject to a fine ranging from 1000 to 2500 rubles.
If the debtor voluntarily transfers the VA to the bailiff, he will be given a special receipt for the seizure. The bailiff, in turn, will provide the traffic police with a copy of the court order so that the name of this person, as well as the number/series of his rights, will be entered into a single database.
What are the consequences of driving without a license?
Drivers will certainly begin to look for all possible ways to suppress legal requirements for deprivation of rights. But for this kind of initiative they can be brought to even greater responsibility.
- In accordance with the traffic rules, they will be considered persons who do not have the right to drive a car.
- If they are stopped by a car inspector, they will face 15 days in prison or a fine of 30,000 rubles.
In other words, by evading the debtor will still achieve nothing, but will only aggravate an already difficult situation.
Finally. How to get your driver's license back
As a result, we will devote a few words to the procedure for returning rights. There are traditionally two possible outcomes here:
- the debtor can pay off all his debts;
- he may find himself in a life situation in which he is classified as one of the above categories of persons exempt from deprivation of a driver's license.
But if all your alimony and loans have already been paid, then you are required to present a receipt, as well as a bank statement indicating that you have no debts. Within 24 hours, the bailiff will inform the traffic police that all restrictions are canceled and will return your license to you.
Note! As you can see, the described legislative innovation is truly strict, but it is just one of several effective ways to force debtors to pay off their debts.
We will find out later whether it will actually be effective.
According to Rosstat, about a third of alimony debtors have a driver’s license. This number is 450 thousand people. Can a Russian citizen be deprived of the opportunity to drive a vehicle and at what minimum amount of debt? Does such a law exist or is the issue under consideration? This article provides detailed explanations for motorists and citizens whose work activities are directly related to compliance with traffic rules.
Are rights deprived for non-payment of alimony?
Last year, a bill on deprivation of the ability to drive vehicles due to child support obligations was submitted to the State Duma for consideration. The document was approved on November 15, 2015, and after the law came into force, it was assigned No. 340-FZ. The purpose of the adoption of the act was the introduction of new interim measures in order to reduce the total debt, cases for the collection of which are being conducted by the Bailiff Service (Bailiff Service of the Russian Federation).
The draft was adopted by the State Duma in the third reading, agreed upon by the Government and signed by the President of the Russian Federation. The law came into force on January 15, 2016, amendments were made to the following regulations:
- Art. 64, 67.1 Federal Law No. 229 on enforcement proceedings;
- Article 12.7, 17.14 Code of Administrative Offences.
Based on the provisions of the new act, traffic police officers, bailiffs and other authorized persons have the right to seize documents for driving a vehicle and issue appropriate decisions. These measures are interim, i.e. created to bring the debtor to financial responsibility and force him to pay. The law applies not only to persons driving cars and trucks, but also to those driving watercraft.
Important: deprivation of the right to drive a car should not be confused with the procedure for seizing the debtor’s property in order to comply with the orders of the court decision. In such situations, an employee of the SSP of the Russian Federation gives an order to search and seize vehicles owned by a citizen for sale at auction. Payments to the claimant are made from the proceeds.
The imposition of measures against defaulters is carried out when a debt accumulates in an amount of more than 10 thousand rubles. The law states that if the size is less than the specified limit, then the bailiffs will be able to impose temporary restrictions.
The application of the measure is planned only for cases where the payer deliberately does not comply with a court decision or a notarial agreement on the payment of alimony. When the delay occurred for a good reason, such decisions will not be made. Such situations include a long-term illness of the payer, a difficult financial situation caused by dismissal, reduction, other circumstances associated with deteriorating health, etc. Deprivation of rights is not a punishment, the imposition of which is within the competence of bailiffs. They can introduce these measures only in case of deliberate non-compliance, that is, with prior notification of the person about the existing debt and the need to close it. The same goes for his unmotivated refusal or evasion of receiving summonses for an appointment with a bailiff.
When deprivation of rights for non-payment of alimony is impossible
According to the new law, the following changes have been made to Federal Law No. 229 on enforcement proceedings on the inadmissibility of restricting the right to drive cars and sea vessels. The circumstances preventing the adoption of measures to deprive rights are:
- debt less than 10 thousand rubles;
- a profession related to driving, which provides the main income; this category includes taxi drivers and truck drivers;
- disability established in;
- the only opportunity for citizens to move from hard-to-reach areas, for example, a large family goes for food or to educational institutions from a distant village;
- being a dependent of a disabled child since childhood or a citizen of group I or II due to health reasons;
- issuance of a ruling by a court or body of the SSP of the Russian Federation on permission to installment/deferment of debt payment.
It is better to have in hand a resolution of the SSP of the Russian Federation on the inadmissibility of deprivation of rights. To obtain it, you need to contact an employee of the government agency at the place where the case was opened and provide the necessary papers. For example, a certificate of disability or a conclusion from authorities. You must write an application and submit it in the original, signed and received by the office or an official in person at the reception. The paper should be kept until the debt is closed in order to avoid a situation with loss of circulation.
The bailiff will consider the application and issue a legal act prohibiting the confiscation of a citizen’s rights to drive vehicles.
Case study:
Citizen Ivanov P.I., working as a truck driver, was stopped by a traffic police officer. During the inspection, his driver's license was confiscated due to non-payment of alimony in the amount of 15 thousand rubles. He appealed to the bailiffs with a request to cancel the interim measure, due to the accumulation of debt due to the traveling nature of the work. To confirm the information that this employment is the main one, the op provided documents: an extract from the employment record, travel sheets. In the statement, he explained that he has no other or professional skills, and driving a vehicle is his main income.
Within one day, the bailiff's order was canceled, a copy of it was sent to the traffic service to return the driver's license.
How to deprive a driver's license for non-payment of child support
The new version of the law gives bailiffs additional powers to deprive the right to drive a vehicle without obtaining permission and notifying the judicial authorities. If a debt arises in the amount of more than 10 thousand rubles. An employee of the SSP of the Russian Federation makes a decision and sends it to. The specified order is received by the departments for execution during the working day.
He has the right to draw up a document for the application of interim measures only after the expiration of the period for voluntary execution of the court on alimony. The bailiff must hand over a copy of the paper to the debtor, and he is obliged to explain the consequences of applying the administrative measure and the need to cover the debts.
When a driver is stopped, he is given a decree on deprivation of his license. To visit the bailiff service, you are given 5 days to submit your certificate. If a citizen does not appear in the SSP of the Russian Federation, a case is opened under Article 17.14 of the Administrative Code for failure to comply with the requirements of the bailiff.
Prosecution in the form of deprivation of a driver's license does not relieve alimony arrears.
How to pick up a driver's license
In the absence of the above grounds for returning the certificate, the right to drive a vehicle can be restored by completely paying off the alimony arrears. To do this, you need to contact the bailiff who is conducting enforcement proceedings and provide evidence of the transfer of funds to the recoverer. It is also possible to deposit funds through a government service at a personal reception or through a bank account. For this purpose, documents are provided: receipts, checks, receipts, etc. If the case is opened in the SSP of the Russian Federation, then you will need to pay an enforcement fee in the amount of 7% of the debt amount. Only after this the decision on deprivation of rights will be revoked and the document will be returned to the driver.
The resolution to lift restrictions is adopted within one working day by an employee of the SSP of the Russian Federation and certified by the head of the service. Information about the cancellation of measures is entered into the department’s electronic database. A copy of the order is sent to the traffic police.
Legal effect of deprivation of driver's license
Deprivation of rights for non-payment of alimony is planned to be introduced along with a restrictive measure banning crossing the state border of the Russian Federation for the purpose of traveling abroad. According to Rosstat, in 2015, 293 thousand debtors with unfulfilled obligations for payments for children in the amount of 1.5 billion rubles were unable to leave the territory of Russia. Thanks to timely relevant decisions, the debt was repaid almost completely. When accepting in the first reading amendments to the law on enforcement proceedings on the deprivation of driver’s licenses, parliamentarians were counting on a similar result from the introduction of new measures.
It should be noted that the official restriction of rights does not always mean the cessation of driving any type of transport. If a debtor is caught driving a vehicle without the appropriate permit, he will be subject to the following types of administrative liability:
- when traveling by car - payment to the budget in the amount of 5 to 15 thousand rubles. (part 1 of article 12.7 of the Administrative Code);
- when driving maritime transport - a fine of 1-1.5 thousand rubles. (Article 11.8 of the Administrative Code);
- if re-captured without a driver's license - a sanction of 30 thousand rubles, arrest for up to 15 days or the assignment of corrective labor by a court decision for a period of 100 to 200 hours (Part 2 of Article 12.7 of the Administrative Code).
/Information update from November 17, 2015/ The law was adopted by the State Duma in the third reading.
/Information update from November 10, 2015/ The law was adopted by the State Duma in the second reading on November 10, 2015.
/Information update from 11/09/2015/ Attention! The law is currently being considered in its second reading.
The State Duma of Russia adopted in the first reading bill No. 661379-6 On amendments to the Federal Law “On Enforcement Proceedings” and certain legislative acts of the Russian Federation (introducing a temporary restriction on driving a vehicle for an unscrupulous debtor). Thus, in case of non-payment of alimony , as well as fines, a new measure is being introduced in Russia against defaulters, in the form of.
If this law is adopted in the second and third readings, approved in the Federation Council, and then signed by the President of the Russian Federation, then throughout our country, bailiffs will have the right to apply as a preventive measure against malicious defaulting motorists (in particular on alimony and other fines), restrictive measures in relation to the driver's licenses of drivers of debtors, for a definite period, until the defaulter of fines and the alimony debtor repay their debts in full.
Also, for the same reasons, the bailiff has the right to impose restrictions on the right to operate water transport. It is worth noting, however, that in case of non-payment of fines up to 10,000 rubles, the Bailiff Service does not have the right to impose such restrictions. So the majority of defaulters are not in danger, since 85 percent of unpaid fines in our country do not exceed this amount.
The situation is different with other types of fines that were not paid on time and for which enforcement proceedings were initiated. For example, with such as massive debts in the housing and communal services sector (utilities) and non-payment of loans. Here, of course, the average amount of debt is much higher. Therefore, all those Russians who are debtors for utilities and bank loans risk losing their driver's license until the main debt is paid.
The new Federal Law, if adopted in the final hearings by the State Duma, introduces new provisions into the Federal Law on Enforcement Proceedings, as well as into a number of other by-laws. It is worth noting that the new measure also applies to individual entrepreneurs.
Procedure for deprivation of rights for debts
In accordance with the New Law, the bailiff, in the presence of a judicial act that has entered into force, imposes a fine or the amount of alimony unpaid by a person recognized as the payer, after identifying the fact of non-payment of alimony and within the legal period (voluntary payment of the debt at the request of the bailiff after the entry into force of a court decision, the imposition of an obligation to pay alimony or the imposition of a fine), without going to court, has the right to make a decision to restrict driving.
If the executive document on debt collection is not a judicial act, then the collector or bailiff has the right to apply to the court with a request to impose a restriction on the validity of the driver’s license.
After the decision is made, the debtor is obliged to surrender his license to the bailiff within five days from the date of receipt of the decision to limit the validity of the driver’s license.
If the debtor does not surrender his driver's license, the bailiff will hold the driver administratively liable for failure to comply with the legal requirement of an employee of the Bailiff Service of the Russian Federation. Let us remind you that for failure to comply with the requirements, the debtor faces liability under Article 17.14 Part 1 of the Code of Administrative Offenses of the Russian Federation (fine from 1000 to 2500 rubles). For individual entrepreneurs, the fine for failure to comply with the requirements of the bailiff ranges from 10,000 to 20,000 rubles.
Where will the document be stored and how will the limitation of the debtor’s rights be controlled?
In accordance with the new law, after a decision is made to deprive the right to drive a motor vehicle or watercraft, the debtor hands over the driver's license to the bailiff for safekeeping. The bailiff, in turn, after making a decision (personally or by court), sends a copy of the decision to the authorities to enter the appropriate restriction into the department’s database. In case of restrictions on driving tractors and other equipment (including marine ones), the resolution is sent to the relevant government services to enter the restriction into the database.
In what cases can a bailiff not impose a restriction on the validity of a driver’s license?
It is worth noting that new fines and alimony debts aimed at timely payment cannot be applied under the following circumstances:
- If the establishment of such a restriction deprives the owner of the main, legal source of livelihood
- If the use of a vehicle and/or vessel is the only means for the debtor and his family members living with him to ensure their livelihoods, taking into account the limited transport accessibility of their permanent place of residence
- If the debtor is a person who uses a vehicle due to his disability, or is dependent on a person recognized by the legislation of the Russian Federation in the prescribed manner as a disabled person of group I or II, or a disabled child
- If the debtor is granted a deferment or installment plan for fulfilling the requirements of the writ of execution
- If the amount of debt under the writ of execution does not exceed 10,000 rubles
What liability threatens if, after the restriction of rights imposed for debts, the debtor drives a car or watercraft?
The innovation provides for amendments to the Code of Administrative Offenses of the Russian Federation. Thus, in particular, a new measure of liability for driving a vehicle or watercraft is being introduced in the event of restriction of a driver’s license for non-payment of debts and alimony. So the bill provides for amendments to the article 11.8 Code of Administrative Offenses of the Russian Federation, which is supplemented by the following content:
« 2. Driving a vessel by a person who does not have the right to navigate or is temporarily limited in the right to navigate the vessel, or transferring control of the vessel to a person who does not have the right to navigate or is temporarily limited in the right to navigate ». Fine from 1000 to 1500 rubles.
Also, changes are being made where, for driving a vehicle in the event of restriction of rights by a court decision or by order of a bailiff for unpaid debts, liability is provided for debtor drivers in the form of a fine of 30,000 rubles , or arrest for up to fifteen days or compulsory labor for a period of one hundred to two hundred hours.
In addition, changes are being made to part three of this article, which provides for liability for the transfer of rights to a person whose right to drive a car has been limited. Let us remind you that liability is provided in the form of imposition a fine of 30,000 rubles .
Therefore, never transfer your car to another person until you are sure that he has a driver's license.
Do similar measures apply in foreign countries?
If you think that our authorities are “going too far,” then before creating the bill, deputies of the State Duma worked on this document through analysis and with the aim of collecting debts on fines and alimony. It is worth noting that similar measures are in force in countries such as the USA, Canada, Israel, Poland, Great Britain, Finland, England and other countries. Based on foreign experience, it can be noted that the measure to limit rights for debts on alimony and fines has shown its effectiveness in all countries where this rule of law is in force.
Help 1 State Traffic Inspectorate. RU : According to the Bailiff Service, in the Russian Federation, 85 percent of debtors for fines and alimony have driver’s licenses. So at the moment in Russia the number of debtors for these types of non-payment is approximately 450 thousand people.
According to legislators, the entry into force of new interim measures for the collection of fines and alimony will significantly increase debt collection.
In view of the fact that, or most likely, it will be accepted for debts to the budget or to children, our online publication analyzed the new law and selected the most important questions that may arise among debtor drivers.
How to remove the restriction on the validity of a driver's license that was imposed by a court or a bailiff for failure to pay debts on fines or alimony?
In order for your right to drive a car or watercraft to begin to operate again, and for one thing you could get your license back, you need to fully pay off your debt (including penalties). After payment and provision to the bailiff, the civil servant of the bailiff service must, no later than the next day, sign a resolution to remove the restriction of rights from you.
If, after imposing a restriction on the rights of the debtor, life circumstances arise that do not allow the bailiff to impose restrictions on the debtor-driver (the rights are used as the main type of income, this car is the only means of providing income for the family, or the driver is recognized as disabled, etc.) .p.), then the driver who was previously deprived of the right to drive a car in connection with or alimony must submit the appropriate application for this, attaching documents confirming this fact in accordance with the law. In this case, the bailiff is obliged to remove the restriction of rights.
Does this interim measure comply with the Constitution of the Russian Federation?
In general, the bill is naturally brought into line with the main document of the country. In accordance with the bill, all innovations and interim measures proposed by deputies to limit the rights to drive vehicles do not violate the rights of drivers, since in essence this is not a deprivation of the right (as for violating some traffic rules), but only a temporary restriction.
To return your license after imposing a restriction, do you need to retake the theory test at the traffic police?
Since this is not deprivation of rights for violating traffic rules, it accordingly does not fall under the regulations for the return of rights after deprivation. The procedure for returning a driver's license is prescribed in the new Federal Law, On the introduction of a procedure for limiting rights for debts.
How to avoid deprivation of rights for debts if, in accordance with the law, there are no valid reasons not to introduce such a restriction on the validity of a driver’s license?
We are confident that from the moment this law comes into force in Russia, most citizens will face certain difficulties in paying off their debts. Unfortunately, not all debtors do not pay fines or alimony just like that. Most citizens are unable to pay off their debts due to their difficult financial situation. But not many conscientious people (they want to pay their debts, but do not have the opportunity) know that they can go to court or to a bailiff with an application for an installment plan (deferment) of payment of fines or alimony due to their financial condition.
Therefore, if you do not want to be deprived of your rights for not paying your debts, then ask the bailiffs or the court to defer payments. In this case, you will not be able to pay for failure to pay the entire amount of the debt.
Not everyone knows that now the ability to use a driver’s license can be limited for having debt on alimony payments. For non-payers, a temporary suspension of the driver's license may be established.
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How exactly the process of restricting a driver’s license occurs, and what needs to be done to prevent it - we will consider all these and many other aspects below.
Legal basis
From January 15, 2019, the rules and regulations came into force, which regulate the introduction of amendments to the Federal Law “On Enforcement Proceedings”.
Let's look at what exactly has changed:
- as part of the amendments, was added, which regulates the possibility of establishing restrictions for alimony defaulters;
- The definition of time limitation is provided. In simple terms, if this kind of measure is imposed on the debtor, he will not be able to legally drive those vehicles on which the ban was imposed;
- was introduced, which states that the bailiff must warn the person who has arrears of alimony about the restriction of the right. The warning is issued in the decision to initiate enforcement proceedings;
- if the debtor repays the debt, restrictive measures will not be applied to him;
- was added to Article 64, which determines the procedure for executive actions. The bailiff can temporarily restrict the driver's license of a child support defaulter only:
- if the debtor was notified in accordance with the established procedure;
- if the alimony payer evades voluntary repayment of the debt.
Conditions
340-FZ supplemented the Federal Law “On Enforcement Proceedings”. Legislation regulates the condition under which a debtor's driver's license may be restricted: if the debt under the writ of execution exceeds the amount of 10,000 rubles, a driver's license may be restricted to the alimony defaulter.
The Federal Law does not provide any other conditions for restricting the use of vehicles.
Thus, you should think about the fact that your rights may be deprived only if the amount of debt obligations for alimony exceeds 10,000 rubles.
Procedure for depriving a driver's license for non-payment of child support
There is a special procedure for deprivation or, more precisely, restriction of rights in the event of a financial debt for alimony. Let's look at how the procedure is carried out.
Stage 1. Bailiff checking the possibility of restricting a driver’s license
First of all, the bailiff checks whether it is possible to restrict the use of a driver’s license by the alimony defaulter.
To carry out this procedure you must:
- check the amount of debt - it must exceed 10,000 rubles;
- determine whether the debtor meets the conditions under which restriction of rights is impossible.
We will consider a list of such circumstances below.
Stage 2. Warning the non-payer of alimony
If the debt is more than 10,000 rubles, and the defaulter does not meet the conditions under which it is impossible to restrict rights, the bailiff notifies the individual in the prescribed manner.
Part 14.2. Article 30 of the Federal Law “On Enforcement Proceedings” states that the debtor is notified of the restriction of a driver’s license by issuing a special warning, which is sent to the postal address of the defaulter.
The document indicates the time allocated for voluntary repayment of the debt. If this does not happen, the bailiff moves on to the next stage.
Stage 3. Issuance of a resolution on temporary restriction of driving licenses
A copy of the decision to restrict a driver's license is given to the debtor the next day after its issuance (). The document can be delivered either personally to the defaulter or by mail.
Stage 4. Removing restrictions on debt repayment
If the alimony payer pays off the debt, the restriction will be lifted the very next day (). A copy of the decision to lift the restriction is delivered personally to the debtor or sent to his postal address.
How to write an application, sample
If the alimony debtor has repaid the debt after a decision on temporary restriction of a driver’s license has been issued, it is necessary to submit an application to the FSSP in the prescribed form.
Supporting documents confirming payment of the debt must be attached to the application.
Based on the submitted document, the bailiff will issue a decision to lift the restrictions the next day after receiving a package of supporting documents from the applicant.
An application for lifting restrictions is not required to be drawn up and submitted, since according to Part 6 of Article 67.1. The bailiff carries out these actions independently.
If there are grounds for granting an installment plan, the debtor may apply to the bailiff to provide such an opportunity.
How can I submit documents?
All completed applications can be submitted in the following ways:
- through the Unified Portal of State and Municipal Services.
In the first case, the application form should be printed, filled out and presented personally to the bailiff.
In the second case, the procedure can be carried out without leaving your own home. All you need is to have an account with State Services and Internet access.
In what cases cannot they deprive
The Federal Law “On Enforcement Proceedings” regulates the list of circumstances under which restrictions cannot be imposed on the debtor:
- if the vehicle is the only source of income for the defaulter;
- if a car or other transport allows the alimony payer or members of his family to ensure normal life activities in conditions of limited transport connections at the place of residence;
- if the defaulter is disabled;
- when the debtor is dependent on a disabled person of the 1st or 2nd group or a disabled child;
- if the amount of debt is no more than 10,000 rubles;
- when providing installment plans or deferment of debt.
How to recover
Restoring temporarily limited rights is very simple - just pay off the alimony debt.
How does this procedure take place? Let's take a closer look:
- the debtor pays off alimony debts;
- visits the territorial office of the FSSP, where he provides the bailiff with supporting documents regarding payment;
- no later than the next day after receiving the documents, the bailiff issues a decision to lift the restriction;
- from the moment the document is issued, the alimony payer restores his right to drive a car or other vehicle.
A copy of the decision to lift the restriction can be obtained:
- by personal visit to the territorial body of the FSSP;
- by mail.
In addition to the most obvious method, restoration of rights can be achieved when conditions arise that do not allow the debtor to be deprived of his driver’s license. We reviewed the list of such circumstances a little higher.
Example. The alimony payer applies to the court with a request to grant payment in installments. The judicial authority satisfies the submitted claim.
The bailiff must sign a document on the lifting of the restriction the next day, since a basis has arisen that makes it impossible to apply this type of interim measure.
How can you avoid
It is very simple to avoid imposing restrictions on a driver’s license - it is enough not to allow the amount of debt to exceed 10,000 rubles. To do this, it is necessary to make timely alimony payments when the court makes a decision to collect alimony.
You can check whether the current amount of alimony debt exceeds the established amount or not through the official website of the FSSP. To do this you need:
- go to an Internet resource;
- in the presented “Find out about your debts” window, enter the full name of the alimony payer;
- select the region of registration of the debtor from the drop-down list;
- click “Find”;
- a database window will open, where the amount of alimony debt will be indicated in the sixth column on the left;
- If you have a debt, you can pay immediately via the Internet by clicking the “Pay” button;
- if there is no alimony arrears, the system will display a message stating that no results were found for the specified request.
Deprivation of rights can also be avoided if there are conditions under which the application of this restrictive measure will be impossible.
The list of circumstances is established in Part 4 of Article 67.1. Federal Law “On Enforcement Proceedings”. The list of such conditions can also be found just above.
To avoid the application of a restrictive measure, it is enough to apply for an installment plan for the debt.
If there are objective grounds, a decision may be made against the debtor on the possibility of repaying the debt in installments over a certain period of time. During the installment plan, the bailiff will not be able to limit the debtor’s ability to use vehicles.
Responsibility for violation of the established restriction
Current legislation establishes liability for persons who violated the requirements of the bailiff and drove vehicles during the period of restrictions. Let's consider what punishments await unscrupulous citizens.