The procedure for collecting alimony through bailiffs. The procedure for withholding alimony by bailiffs

Last modified: January 2020

When one of the parents leaves the family, the second will have to take care of the joint child, educating, caring for him, creating normal living conditions. After the dissolution of marital relations, minor children often remain with their mothers, while fathers forget about systematic payments in the interests of the child. The mother has to study the procedure, how bailiffs collect alimony and what actions must be taken if it is not possible to independently agree with the alimony payer.

Since the powers of the bailiff are much broader, there are more chances to force the alimony payer to pay legal benefits if the FSSP body is involved for help.

After the court has made a decision, it is necessary to clarify in the office how and where to find an order for organizing the payment of alimony. After the entry into force of the decision, a writ of execution is prepared, but not only the writ of execution serves as a reason for collecting alimony under the law. There are three options for papers that have the force of an executive document:

  • a peace agreement upon reaching a consensus regarding the financial provision of the child;
  • a court order received in the framework of summary proceedings, on the basis of general norms of law - with the definition of alimony amount as a share of earnings;
  • a writ of execution received on the basis of a court decision as part of a lawsuit, when alimony is assigned in a fixed amount of money.

Any of the options for executive documents can be independently transferred to the debtor's employer so that the accounting department independently organizes regular deductions, but this is not always possible - the payer is not employed, or the employer is unknown.

The bailiff is contacted when problems arise with the independent collection of alimony debt:

  1. Primary transfer of a writ of execution for the organization of recovery.
  2. Appeal in case of accumulation of overdue debts.

Since, after the court makes a decision, the collection work is just beginning, the mother will have to act in the following order:

  1. Receive an executive document (order or sheet based on a court decision).
  2. Find out the hours of admission at the FSSP department.
  3. Preparing an opening statement enforcement proceedings.
  4. At the reception time, a package of papers is handed over from copies of personal documents, an executive document and an application for work to the bailiff.

The law does not limit the right to choose the time for filing an application for recovery, however, it should be borne in mind that it will be possible to collect alimony only for the period from the moment the application was submitted to the court, the first appeal to the FSSP department, or if it is established by the court. Subsequently, recipients have the right to apply for help from the FSSP at any time, up to the age of 18.

Where to go

If the alimony payer lives in the same region as the recipient, there are no particular difficulties with the transfer of a package of papers for opening enforcement proceedings. However, it often happens that the payer moves to a new place, changing the region by registration. In this case, they apply to the FSSP department in the region of the debtor through the department at the place of residence of the claimant, or through registered mail.

The package of papers for the FSSP is presented:

  • civil document (passport) of the claimant;
  • birth certificate for minor children on whom collection is organized;
  • document for execution (court order, sheet, agreement between parents).

The application is made with the mandatory inclusion of the following details:

  • details of the claimant, his full name, address, telephone number for contacts;
  • writ of execution, order, agreement (details of the document - number and date);
  • the amount of alimony obligations, from what moment the recovery is to be organized;
  • child support information (similar to recipient information plus employer information and known contacts);
  • an indication of the details for organizing the transfer and any other useful information.

When the claimant contacts the bailiff service, from the conversation, the FSSP employee finds out the necessary information that will help contact the alimony payer:

  • residential address;
  • personal phones;
  • contact details of relatives and friends that will help you find the payer.

In addition to contact details, the available data on the property and financial situation of a person, possible sources of income are transmitted to the FSSP department. At the end of the conversation, they decide whether there are grounds for starting enforcement proceedings.

This might come in handy: .

How is the collection

When a positive decision is made to start execution, the work of the bailiff begins. The established procedure for collection involves the initial call for a conversation with the payer, the delivery of the decision and an explanation of the financial obligations that have arisen. If a debt is accumulated, the amount due is reported. During the discussion, the payer is informed about the possible consequences in case of violation of obligations and malicious evasion.

  1. If the place of work is known, the executive document is sent to the accounting department working person to organize regular deductions in favor of a minor dependent. This is the easiest way to recover, because. thereafter, payments occur regularly, simultaneously with the payment wages employee.
  2. There are situations when the alimony payer is not officially employed, but there is a confirmed other income in the form of a pension, scholarship, unemployment benefit. In this case, they find out the source of income and send the executive document to the organization from which the payments are received.
  3. Collect from idle a person whose income is unknown is more difficult. As a rule, the alimony payment in such cases is assigned in a fixed amount. The contractor will have to find out the solvency, sources of financing and recovery options. If the debtor's funds are not enough to fulfill the court order, they look for alternative options for obtaining payment. Options for the direction of collection may be deductions from rental housing, from a bank account, income from securities, and other unofficially unconfirmed income for performing certain work (part-time work).

restrictive measures

If it was not possible to identify any sources of income or earnings, it is in the authority of the bailiff to ensure the fulfillment of maintenance obligations through the seizure of existing property.

The alimony payer gets some time to resolve financial issues and pay off the debt. In case of evasion of obligations and refusal to pay the due amount to the child, the FSSP employee initiates the sale of the seized property through auction, with the repayment of the proceeds from the sale of debts on alimony and accrued penalties.

As a measure of restriction, if there is a risk that the non-payer will go abroad, avoiding punishment for non-payment, the recipient of alimony has the right to apply to the bailiff to impose a ban on crossing the border.

Restrictive measures at the initiative of the recoverer are introduced by filing an application with FSSP service.

The petition specifies the requirements to restrict the actions of the payer:

  1. On moving outside the Russian Federation due to the risk of avoiding financial obligations in court.
  2. By seizing objects of property that could serve as security for the execution of an order for the payment of alimony.

A ban on crossing the state border is issued in the form of a bailiff's decision valid for six months. Further, the document is transferred to the appropriate authority - the migration service under the Ministry of Internal Affairs.

When seizing property, it must be described and the approximate value indicated. The property specified in the inventory serves as security for the performance of obligations. The alimony payer is not entitled to dispose of property - to give, sell, exchange it until the restrictions are lifted. The right of use and ownership is retained by the owner until the debt is repaid, or until it is put up for auction in order to obtain funds to pay the debt.

Recovery from property

When the issue with the debt is not resolved in any way, or the funds indicated in the payer's income are not enough to organize the full execution of the court order, the law allows the collection of alimony debt through the parent's property.

Property recovery is organized on the basis of Chapter 8 of Law No. 229-FZ, which regulates the procedure for conducting enforcement proceedings. If a decision is made to liquidate the maintenance debt through property, two options are allowed:

  1. Forced sale of property and payment of debt with the proceeds.
  2. Transfer of the payer's property to the child towards the payment of alimony in kind upon prior agreement with the legal representative of the minor.

The defaulter has the right to propose from which property to collect funds, however, the authority to select an object for sale belongs to the bailiff.

The forced sale of property occurs only when there are no other options for paying off the debt. Before the sale, the bailiff is obliged, first of all, to check the possibility of collecting from bank accounts, deposits, funds stored in bank cells.

The work of the bailiff gives great powers aimed at forcing the repayment of the debt, but the bailiff does not always work effectively.

There can be many reasons for this. In addition to external factors that do not make it possible to fully work out the issue of recovery due to load, it remains possible that the FSSP employee is not experienced enough in recovery matters. The risk of collusion between the bailiff and the defendant should not be ruled out, when the state executor receives a reward for not taking active actions against the defaulter.

If the claimant is dissatisfied with the work of the FSSP employee, he has the right to write a reasoned complaint. An appeal to a higher authority or the immediate supervisor of a negligent bailiff is made arbitrarily, however, the text must include an indication that the 2 months set for organizing the recovery have expired, the bailiff repeatedly used its extension, without any reason.

The procedure for appealing against the work of a bailiff includes interaction with the Senior Bailiff, the Chief Bailiff of the region, the Chief Bailiff of the Russian Federation.

As the debt accumulates, the creditor may demand the collection of a penalty for late payments. To do this, you have to visit the bailiff and take a certificate from the FSSP on the amount of debt at the time of going to court. Upon consideration of the statement of claim, the court makes a decision on additional recovery of the penalty along with the accumulated debt.

Do you have any questions? Ask! Our lawyers are ready to answer all your questions, as well as provide qualified assistance in preparing applications to various authorities.


The executive document is already in your hands. It's time to use it for its intended purpose. Where to go next?

If you know where your ex-husband works or receives a pension, you can go straight there. Especially if the payer is conscientious, he does not intend to evade payment. But if things are more complicated, it is better not to take risks, but to entrust the case to bailiffs.

Duties and powers of the bailiff to collect alimony

The bailiff is an official whose competence is the execution of decisions, orders and rulings of the court, including the collection of alimony and alimony arrears.

In order for the bailiff to exercise his official rights and fulfill his obligations to collect alimony and pay arrears in alimony, he must have an appropriate executive document. On the basis of this document, the bailiff opens a case, within which further work takes place.

What are the powers and responsibilities of a bailiff?

  1. Call the debtor and the debt collector (recipient of alimony), officials - to obtain the necessary documents and information. For example, why does the alimony payer evade payment?
  2. Get the information you need, check the facts, make inquiries. For example, to establish the place of work of the debtor and send a request to the place of work to determine the amount of the debtor's earnings, submit a request to the traffic police, request extracts from the USRN (previously applied to the BTI) to identify property belonging to the debtor;
  3. Require the management at the debtor's place of work to withhold from his income amounts of money in the amount corresponding to the executive document, and transfer them to the recipient of alimony no later than 3 days from the date of receipt of the salary;
  4. Travel to the location of the debtor, visit the premises belonging to the debtor. For example, to clarify the property status of the debtor;
  5. (within the amount of the debt to the recipient of alimony and the costs of enforcement proceedings);
  6. Seize the debtor's funds in banks and collect them in favor of the recipient of alimony on account of the debt;
  7. and his property;
  8. Prohibit the debtor from leaving the country;

Bailiffs can apply to payers of alimony all the measures prescribed by the current legislation.

When to contact a bailiff?

The law does not limit the time for applying to the Federal Bailiff Service. This can be done at any time after receiving the writ of execution, until the child reaches 18 years of age. Even after that, an adult child can turn to the bailiffs himself - for this, the law allocates him another 3 years(limitation period). After that, the right to receive alimony payments ceases.

It happens that the recipient of alimony is in no hurry to the bailiff service. Perhaps because of agreements with the payer, and perhaps because of the lack of need for funds. If he decides to demand what is rightfully due to him, the bailiffs will be able to collect alimony not for the entire period of the existence of the executive document, but only for the last 3 years(cm. " ").

If the executive document is filed immediately, the funds unpaid by the payer turn into debt, to which, in addition, penalties are added. All these funds are collected with the help of bailiffs.

Where are the bailiffs located?

Bailiff service units are located in each territorial unit of the country.

To know exact location department of the bailiff service can be found on the website of the FSSP - http://fssprus.ru/. You can find on the site the desired department of the bailiff service (at the place of residence of the debtor) through " Services» — « Register of departments of bailiffs“, and already there search by republic, territory, region, city or village, district and microdistrict, or by specifying the exact address.

On the same site you can find contact numbers of bailiffs of the desired department (section "All Phones".

What documents do you need to submit to the bailiff?

To start enforcement proceedings, bailiffs need one of the following documents:

  • (issued after a court decision on the recovery of alimony);
  • (issued to the applicant in the order of writ proceedings);
  • an extract from a court decision on the recovery of alimony (issued in court in case of loss of a writ of execution);
  • , notarized.

In addition to the executive document, you must provide:

  • passport;
  • birth certificate of the child;
  • bank details for transferring maintenance payments (savings book or current account number) or postal address for receiving money transfers.

Application to bailiffs for the recovery of alimony (sample letter)

In addition, in order to start enforcement proceedings, an appropriate letter of application is required from the recipient of alimony.

If the applicant has information about the place of work and the amount of the payer's salary, about his property or real estate, it should also be submitted to the bailiffs - in the form of certificates or copies of title documents.

Procedure for bailiffs

How do bailiffs work? How is alimony collected from a debtor?

The application from the recipient of alimony is first considered head of the judiciary department, and then transferred to the work of one of the bailiffs. The final decision to initiate enforcement proceedings is made no later than 3 days from the date of filing the application (clause 7, article 30 of the Federal Law “On Enforcement Proceedings”).

The beginning of work on the executive document will be a notice or a personal meeting with the alimony payer. If possible, an agreement is reached between them on the amount and frequency of voluntary alimony payments, as well as on the obligation to notify the bailiff of payments made in favor of the alimony recipient.

If the voluntary payment of alimony does not follow, the bailiff will begin forced payment of alimony. To establish the place of work, the amount of earnings, the availability of property from the alimony payer, he sends requests to various authorities: to the accounting department at the place of work, to the tax authorities, the USRN, the traffic police, to the bank branches where the alimony payer is served.

To be frank, piles of cases on the recovery of alimony are gathering dust on the tables of bailiffs, so the quality performance of this work is simply impossible. As a rule, after a short oral conversation with the payer and several requests to the authorities, the activity of the bailiff weakens. Unfortunately, the recipient often has to personally control the entire process - from filing an application to searching for a debtor or seizing his property.

This can be done by filing a bailiff petition:

  • on restriction of the payer's departure outside the country. On the basis of the received petition, the bailiff must issue a decision on the ban on leaving the territory of the Russian Federation, which is sent to the migration service and is valid for six months;
  • on the seizure of the property of the payer. The application should list the composition of the property and its approximate value, as well as indicate the location. As a result of the arrest, the payer will not be able to dispose of the property, it will be sold at auction, and the alimony debt will be paid from the proceeds.
  • on the calculation of a penalty on the amount of debt on alimony, which is collected in the same way as the main debt.

By the way, it is with the calculation of the total amount of the debt that the bailiff begins the procedure for its recovery.

Collection of debts on alimony through bailiffs

The main part of the work of bailiffs is the collection of debts. After all, as a rule, most payers avoid making payments and ignore bailiffs' notifications about their appearance, the fulfillment of maintenance obligations and the repayment of debts.

To collect alimony arrears, it is not enough to contact the bailiff service. A court decision is required.

As mentioned above, the recipient of alimony must file a petition with the bailiff and receive a certificate. With this document, you can apply to the court - for a writ of execution for the recovery of alimony arrears.

When the writ of execution or court order is on the table of the bailiff, the debt collection procedure will begin, involving the following actions:

  • amounts exceeding the amount of maintenance payments are forcibly withheld from the debtor's earnings - until the debt is repaid;
  • additional sources of income of the debtor are identified (for example, payments on deposits and securities);
  • the property belonging to the debtor is established, its value is determined;
  • the bank accounts of the debtor are seized, and the funds available on them are transferred to the recipient of alimony;
  • the sale of the debtor's property is carried out, and the debt is compensated for the proceeds.

Help from bailiffs on alimony (sample)

A child support certificate may be required by both the recipient and the payer of funds for the maintenance of the child. For example, for presentation to a bank, tax office, labor and employment service, social service and other institutions - to confirm their income and expenses.

To get a certificate of alimony, you need to apply with an application to the place where these alimony are withheld and transferred from the payer to the recipient. For example, to an organization or enterprise where the alimony payer works. Or to the bailiff, who controls the process of withholding and transferring funds.

The referral form can be free, there is no single template for this document. The main thing is that the certificate contains the necessary information and met the requirements for official documentation.

So, the certificate of alimony should contain data on the payer and recipient of alimony, number of the executive document, date of commencement of enforcement proceedings, dates of alimony payments, amounts of money that were withheld and transferred, the total amount of alimony withheld and transferred. The document states date of issue, expiry date.

The certificate must have a corner seal with the name of the organization or enterprise, the number and date of issue of the document, as well as a round seal confirming the signature of the official who issued the document.

Inaction of bailiffs: where to complain, what to do?

There are many complaints about the quality of work of bailiffs in collecting alimony. Often, single mothers who needlessly expect help for a child can hear complaints about lazy or irresponsible FSSP workers who are in no hurry to involve fathers in fulfilling maintenance obligations.

What to do if alimony is not paid voluntarily, and the bailiff does not take any action to enforce collection? Complain!

A letter of complaint against inaction (less often - illegal action) of a bailiff must be submitted to a higher bailiff, who is subordinate to the offending bailiff. For example, the chief bailiff of the city (district), region (region, territory), country.

A letter complaining about the actions (or inaction) of the bailiff can also be submitted to the prosecutor.


Expert opinion

Alexey Petrushin

Lawyer. Specialization in family and housing law.

The letter must describe the circumstances of the case. For example, when a writ of execution was issued, when enforcement proceedings were opened, how much the payer had to pay, whether he made alimony payments, what alimony arrears were formed, what actions the bailiff took or did not take to collect alimony payments and pay the amount of debt.

Then you need to refer to the norms of the law that allow the recoverer or debtor to appeal against the actions or. After that, you need to formulate your request, for example, recognize the actions or inaction of the bailiff as illegal, take measures to eliminate these violations of the law and restore violated rights.

When filling out a letter of complaint, it is necessary to attach to it documents confirming the payment or non-payment of alimony, the presence or absence of alimony arrears. Such a document can be a certificate, which was discussed above, as well as receipts for postal orders, bank statements, receipts.

Complaint letter to be considered within 10 days, after which the applicant must receive a written response to consider the complaint and take the necessary measures. As a rule, a certain shift in the work of the bailiff appears.

Is it possible to change the attachment?

There are cases when the recoverer or payer of alimony is not satisfied not only with the work of the bailiff, but also with his personality.

Although the bailiff is an official, guided by the prescriptions of the law and professional ethics, he remains a person. Prejudice, rudeness, deceit, extortion... let's not exaggerate, but in life, as you know, there are different things.

Is it possible to change the bailiff? The law does not provide for such a possibility.

The first thing to do in a situation that arises is to write letter of complaint against a bailiff superior bailiff or prosecutor, as mentioned above. Having received a complaint about a subordinate, the manager “will not pat him on the head.” Perhaps after that the bailiff will change his tactics of behavior, reconsider his attitude to work.

A complaint is a measure prescribed by law. Simultaneously with filing a complaint against the bailiff, you can apply to a higher bailiff (for example, the head of the SSP department) with a request to transfer the case to another employee. It is possible that such a request will be granted.

There are cases when the bailiff does not have the right to take up enforcement proceedings. For example, if he is a relative of the exactor or payer of alimony, if he is personally interested in the outcome of the case, if there are other circumstances affecting his objectivity and impartiality. Such a bailiff must recuse yourself. If self-withdrawal is not declared, the exactor or the payer of alimony must submit to a higher official an application for the removal of the bailiff. Of course, this statement must be substantiated.

This article is devoted to a rather rare topic - where to complain about bailiffs for alimony. To date, a rare law-abiding person has come across this organization in general.

And, as a rule, the bailiff service knows its business. But where to complain if you find yourself in an unpleasant situation of negligence on the part of employees of the supervisory judicial authority?

Bailiffs

The duties of a representative of this service include the implementation of court decisions and further control over operations.

For example, bailiffs deal with issues of indexing alimony and checking compliance with the payment schedule. Also, the contractor has the right to recover money, collect information, seize or prohibit the debtor from leaving the borders of the Russian Federation.

All actions of the employee of the federal service are supported by the appropriate court order, which he is obliged to present along with the certificate of the performer. Please note that the RF legislation imposes some restrictions on their activities.

A representative of the law does not have the right to perform professional activities if:

  • relatives of the bailiff are involved in the case;
  • he has a personal interest in the outcome of the case.

The executor must perform his duties of collection clearly and competently. It is not allowed to exceed their powers or abuse them.

Inaction of bailiffs

You can safely file a claim for the negligence of a judicial officer if:

  1. The contractor does not show sufficient diligence, does not collect information about the debtor, does not connect various measures to influence.
  2. The deadline for the execution of the decision is constantly postponed.
  3. He doesn't make contact.

You can independently force the bailiff to deal with the writ of execution in the first place in the following ways:

  • constantly remind about yourself, call, pay visits;
  • control the process;
  • actively provide all possible assistance to the cause;
  • if you have information about the debtor, be sure to inform the bailiff, write an application to put the person you are looking for on the wanted list;
  • only after trying all the ways of independent influence on the bailiff is it worth going to complain.

Where to complain about the bailiff

The first step is to file a written claim addressed to the artist himself. He is also obliged to respond to it in writing within 3 to 30 calendar days.

In case of any discrepancy between the actions of the performer and the court order, as well as indifference and abuse of his official position, submit a written complaint to the higher management. Article 50 of the Federal Law "On Enforcement Proceedings".

If this does not lead to anything good, apply to the arbitration court at the place of the trial. Based on Article 123 of the same Law of the Russian Federation, the following authorities follow:

  • chief bailiff of the subject of the Russian Federation;
  • bailiff of Russia;
  • Administration of the President.

Remember that wherever you apply with a petition, as a result, the paper will go to the performer himself. And it is he who is obliged to give an answer to it, under the control of higher authorities.

Legal advice: a claim must be filed within 10 days from the moment the contractor committed any illegal act.

If it turns out that time is lost, do not despair. Send a written application to the bailiff. If it is ignored, then it will be the beginning of the 10 day period.

How to file a claim

The right to appeal against the actions or inaction of a judicial representative is enshrined in the Federal Law "On Enforcement Proceedings" Article 124.

You can submit an application through the fssprus.ru Internet resource, section "Reception", if it is not possible to apply in person. Please note that non-payers cannot recover child support debts.

The complaint is written in free form, but there is a list of mandatory data that must be indicated in it. You can download a sample application form.

The required information for a complaint includes:

  1. Full data on the object of the complaint, position, full name.
  2. Detailed circumstances of the offense, bring up to date.
  3. Grounds for complaint. Legal justification of what specific rights or freedoms of the plaintiff were violated.
  4. Requirements: do you need to change the representative of the court, what actions are you appealing.
  5. Full details of the complainant, full name, address of residence.

In the absence of a writ of execution on hand, you can send a written request to the prosecutor. With a request to indicate the place of transfer of the sheet. Next, you should contact the address indicated in the response of the prosecutor's office.

Lawyers advise: to perform all actions in writing, preferably by letter with notification. So that in which case the evidence of the actions was on hand.

Most often, the Prosecutor's Office receives complaints about money disputes. utilities.

In what order to appeal against the actions of bailiffs, see the following video:

It is not enough to have legal grounds for collecting alimony in order to actually fulfill the requirements specified in the executive documents. What is the work of bailiffs for enforcement, you will learn from this article.

The work of bailiffs for the recovery of alimony

Alimony is collected on the basis of the following documents:

  • writ of execution;
  • court orders;
  • properly certified agreements on the payment of alimony.

The recipient of funds for the maintenance of a dependent has the right to independently send the above documents for execution to the organization where the debtor carries out labor activity or ask for help from the bailiffs department.

According to paragraph 2 of Art. 12 of Federal Law No. 118, in order to enforce the collection of alimony, the bailiff has the right:

  • receive information, including personal data, explanations, certificates from individuals and organizations;
  • conduct inspections of employers on the issue of withholding the income of debtors necessary for the transfer of alimony;
  • give instructions to the participants in the proceedings for the timely performance of enforcement actions established by law;
  • take measures in the form of seizure of property, its withdrawal, transfer to safekeeping, sale at public auction;
  • enter the premises of debtors, conduct an inspection;
  • search for the debtor and his property;
  • send requests to the competent authorities in order to provide clarifications on the procedure for the implementation of executive documents;
  • exercise other powers provided for by Federal Law No. 229.

The procedure for the work of bailiffs on alimony

Alimony proceedings are carried out in the following order:

  1. Having received a writ of execution (court order, agreement), the bailiff issues a decision, which begins the proceedings on the recovery of alimony. This document is produced within three days.
  2. It reflects the amount of periodic payments, the debt to the recoverer for the previous period (if any). The act indicates the requirement for the debtor to fulfill legal requirements, as well as to inform about the place of work and their sources of income.
  3. A copy of the issued decision is sent to all participants in the enforcement proceedings, including the court that issued the enforcement document.
  4. The bailiff carries out actions to establish the place of residence of the debtor, his work, additional sources of funds, movable, immovable property. To do this, the civil servant sends various kinds of requests, makes inquiries, etc. etc.
  5. An official of the bailiff service organizes the giving of instructions to the administration of the enterprise where the debtor works. The accounting department independently withholds the funds due to the recoverer on the basis of the executive document and transfers them to the latter. The term for disbursement of funds does not exceed three days from the date of accrual of salaries to employees of the enterprise.
  6. If for some reason the accounting department delays transfers, then the bailiff should be informed about this fact, who will organize the verification of the correctness and timeliness of fulfilling the requirements of the executive document. In case of violations, a fine is issued to the head of the enterprise.
  7. Provided that the debtor does not independently provide information about income at the place of work, then his monthly income is calculated from the average salary established in the region of residence.
  8. As necessary, in the absence of the required information about the debtor, the bailiff organizes his search. The exactor himself has the right to initiate search activities, as well as to suspend proceedings. This will require a written statement.
  9. With a long-term debtor, the recipient of payments, including his legal representative, has the right to apply for judicial protection and recovery from the debtor for maintenance payments. In addition, it is possible to bring the debtor to liability under the criminal law (Article 157 of the Criminal Code of the Russian Federation).
  10. The bailiff, in the presence of a debt, forecloses on the property of the debtor, which is subsequently sold at public auction. The proceeds are used to pay off liabilities. If the specified amount is more than necessary to cover the debt, then the rest is returned to the debtor.

In general, the bailiff is obliged to take all possible measures necessary for the actual execution of the requirements of the executive document. In practice, the work of bailiffs for alimony is not always performed properly. This is due either to the heavy workload of civil servants, or their incompetent attitude and even negligence. In these cases, it is recommended to constantly monitor the work of bailiffs, for this